Frequently Asked Questions About Annulment

Frequently Asked Questions About Annulment in Texas


What is an annulment?

Annulment is a legal procedure that would invalidate your marriage – so it will mean that you were never married. In order to go for annulment, you need to qualify for it. Once you are granted an annulment, your status will be single and you can remarry. It basically cancels and erases a marriage. It declares basically that your marriage never married.

Can a court divide property in an annulment?

The court will issue orders regarding the children and the separation of property in an annulment. The court will also determine which properties and assets are community property and which ones are separate property. These will be divided accordingly.

What happens to the children in the annulment?

When there are children from your marriage and you want the marriage annulled, you will have to submit a SAPCR (Suit Affecting the Parent-Child Relationship) which will determine the rights and duties of each parent towards the children.

 Will an annulment affect the presumption of paternity?

No. The husband will always be the presumed father of the child if the marriage took place before the birth of the child or if the child was born during the marriage. He will also be the presumed father if the child was born 301 days after the marriage was terminated by divorce, annulment, or death.

What is the difference between a suit to void a marriage and an annulment?

Both legal procedures focus on reasons why the marriage is not valid. The difference between the two is that a void marriage is not a valid marriage from the start, despite what the court may say. Annulment, on the other hand, needs the permission of the court to invalidate the marriage. Also, in a void marriage suit, spouses will not have the option to agree to have a valid marriage legally.

Can I annul my marriage because I have been married for less than a year?

The length of marriage is not a ground for annulment.

What are the grounds for annulment?

There are several statutory grounds for annulment. These include getting married before 18, getting married under the influence of drugs or alcohol, getting married under duress, marriage because of fraud, mental incapacity, impotence, a concealed prior divorce, and marriage within 72 hours from when the marriage license was issued.

What if my circumstances do not qualify for an annulment?

If your circumstances do not qualify you for an annulment, you should file for a divorce instead.

Is there a waiting period for annulments?

A waiting period is not required before an annulment may be granted by the court. Although there is no set time as a waiting period, the courts usually don’t grant it right away either. They will first need to set a scheduled hearing for your case, which could take from a few weeks to several months.

Is it possible to get an annulment in the state of Texas?

You can get an annulment in Texas if you got married within the state or if either you or your spouse is a Texas resident. Aside from this basic requirement, you also need to meet one of the statutory grounds specified in the Texas Family Code. Typically, having legal deficiencies and meeting the grounds will get you annulled.

Where should I file an annulment?

Typically, all courts that handle divorces can also process your annulment. However, you should file for an annulment in a county where you were married or where you or your spouse was a resident of.

Is it possible to get spousal support after an annulment?

You cannot get spousal support if you are getting an annulment. After all, an annulment is like turning back time to a point where you were not married. Obviously, that means that spousal support is out of the picture.

Is annulment in the state of Texas the same as a religious annulment?

No. Texas courts have their own grounds for annulment which might not be the same grounds as a religious annulment. If you want both, you will need to meet the individual requirements for each. However, both will result in the marriage being thought of as never existed.

How can I get a marriage annulled on the grounds of having one spouse under 18 years old?

If you were married when you or your spouse was 16 years old or older, under 18 years old, without parental consent and without a court, you can have your marriage annulled. In this situation, a conservator, parent or guardian of the underage party can file for an annulment. It should be done within 90 days from the marriage date.

How can I get an annulment on the grounds of one spouse being under the influence of alcohol or narcotics?

Your marriage can be annulled if one spouse at the time of the marriage was under the influence of alcohol or narcotics and was not in the right mental state to consent to the marriage. The petitioner also has not voluntarily lived together with his or her ‘spouse’ after the effects of the alcoholic beverage or narcotics ended.

How can I get an annulment on grounds of impotence?

Annulment of marriage may be granted if either spouse was permanently impotent during the duration of the marriage and the petitioner was not aware of the impotency at the time of the marriage. Another important requirement is that the petitioner should not have lived with the impotent spouse after learning of the impotency.

How can I get my marriage annulled on the grounds of fraud, duress, or force?

An annulment will be granted by the court if the other party used force, fraud or duress to force the petitioner into the marriage and the petitioner has not voluntarily lived with the other party since being released from force or duress or since learning of the fraud.

How can I get my marriage annulled on the grounds of mental incapacity?

An annulment may be granted by the court if, at the time of the marriage, one party was without the mental capacity to consent to the marriage or understand anything about the marriage due to a mental illness or defect and if the party with mental issues has not voluntarily lived with the other party when he or she is able to recognize the marriage relationship.

What are the requirements for an annulment on the grounds of concealed divorce?

The court may grant an annulment if the other party was divorced from a third party within 30 days before the marriage ceremony and at the time of the marriage, the petitioner did not know of the divorce and if the petitioner has not voluntarily lived with the other party after knowing about the divorce.

How can I get an annulment on the grounds of marriage within 72 hours from the issuance of the marriage license?

If you got married within 72 hours after you were issued a marriage license, you can get your marriage annulled.

Can I change my name during an annulment?

Yes, you can change your name during an annulment provided that you change to a name you have been previously using.

 

 

 

 

 

 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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