Protecting Your Family's Future

When Can You Get an Annulment of a Marriage in Texas?


As a general rule, when your marriage has fallen apart in Texas and there’s no reasonable prospect to fix things, one of the parties will file for a divorce. There may be other options, however, depending on the circumstances. One of those options is an annulment. What is an annulment and when is one available?

What is an Annulment?

An annulment is a legal a finding of law that treats the marriage as if it never existed. Accordingly, the typical issues addressed in a divorce—custody and visitation, support and property division—are irrelevant. Both parties can move forward with their lives accurately stating that they have not been married.

When Can You Get an Annulment in Texas?

There are very specific instances in Texas where an annulment is available:

  • Where one of the parties is over 16, but under the age of 18 and was married without either parental consent or a court decree
  • Where, at the time of the wedding, one of the parties lacked legal capacity to consent to marriage. This may be as a result of intoxication or mental illness.
  • Where one of the parties used fraud, misrepresentation, undue influence or duress to compel the other party to go through the marriage ceremony
  • Where one of the parties was permanently impotent at the time of the wedding and the other party had no knowledge of that fact
  • Where one of the parties was divorced within 30 days of the marriage, and the other party had no knowledge of that fact
  • If the annulment if filed less than 72 hours after the marriage license is granted

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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