Many people misunderstand the difference between a divorce and an annulment. While divorce is more common, annulments serve the important purpose of ending the legal contract of a marriage when one spouse believes the union is not valid.
If you are unsure if you are eligible to annul your marriage, contact Petitt Family Law to speak with a Texas annulments lawyer. Our family law attorney in Mckinney is dedicated to providing knowledgeable and compassionate legal representation. We can answer your questions and help you understand your next steps.
Marriage Annulment in Texas
Annulled marriages in Texas are those which are not valid from the beginning for a number of reasons. Divorce is used to end a marriage that is valid but has ended. A marriage annulment can be granted in cases of bigamy, underage marriage, or fraud, among other instances. Whether your situation warrants annulment or divorce requires legal advice from an annulment lawyer with experience in family law.
Overview of the Annulment Process in Texas
An annulment proceeding in Texas requires that one party in the marriage petition the court with an annulment case. Similar to a divorce proceeding, annulments can include decisions regarding child custody, spousal support, and property division once the decree is granted. An annulment makes it as if a marriage never happened from a legal standpoint.
According to Texas Family Code 6.102, the grounds for annulment include:
- Underage: One of the parties was underage (younger than 18) and did not have parental consent to the marriage.
- Inebriated: One or both of the parties were under the influence of alcohol or drugs at the time of the marriage.
- Impotency: One party did not have the physical capacity (usually permanent) to consummate the marriage prior to the union, and the other spouse did not know it.
- Fraud: One party coerced the other into the marriage using force, duress, or fraud.
- Mental illness: One party did not have the mental capacity to give consent to be married at the time.
- Violation of the 72-hour waiting period: Texas requires a timeframe of 72 hours before a wedding after receiving a marriage license. If the parties are wed before that period expires, the marriage can be annulled.
- Concealed divorce: One party was divorced within 30 days prior to the marriage without the other party’s knowledge.
All of these situations hinge on what happens when one party discovers a reason why the marriage should be annulled. If they choose to stop cohabiting with the other party right away, they can seek an annulment. If they continue to live as spouses, the marriage could potentially become valid and require a divorce.
In other situations, a marriage is determined by law to be void and can never be made valid. These must also be annulled. These instances include:
- Bigamy: When one party is already married or in a domestic partnership, they cannot use misrepresentation of their marital status to legally enter another marriage contract.
- Consanguinity: When the parties are closely related (siblings, aunts, uncles, cousins), they cannot be legally married.
- Stepparent: A court can declare a marriage void when it is between stepparents and stepchildren. This includes unions involving former stepparents or stepchildren.
Domestic partnerships are ended by having both parties sign a termination agreement. This can also include decisions concerning child support and spousal support, marking an end to the partnership in a similar way as divorce proceedings for married couples.
Some couples may want a legal separation to remove themselves from an unwanted marriage, but this status is not recognized in Texas. If they have a valid marriage, they can seek divorce or annulment.
When to File an Annulment
Various situations will determine the timeline for filing an annulment. For example, if one party is underage, the petition must be filed prior to their 18th birthday. For a concealed divorce, you must file before the first anniversary of the marriage. Annulments due to a violation of the waiting period must be filed within 30 days of the wedding date.
Benefits of Hiring an Annulments Lawyer at Petitt Family Law
At Petitt Family Law, our attorneys focus on helping families and individuals in need. We represent your interests with compassion and are committed to protecting your rights. Whether you are filing an annulment for yourself or on behalf of someone else, you can rely on us to provide:
- Knowledgeable legal representation: We are an experienced law firm that understands all aspects of the legal process for annulments. We can assist with agreements around child custody, visitation, property division, and spousal support.
- Focused experience: Some law firms practice in all areas of law, but we focus on the legal issues surrounding families. Annulments require many of the same skills used by a divorce attorney, and we help you approach your situation rationally for optimum success.
- Procedural support: We keep your case on track and advise you on issues or concerns. Our team will help you understand every step of the process while we manage the paperwork, deadlines, and court requirements.
As a family law attorney, Melody Petitt believes developing the attorney-client relationship is crucial to ensuring the most satisfactory outcome for your case. She handles divorce, custody, paternity, and other family law situations that can be stressful and challenging. Melody is dedicated to providing accurate legal analysis and an honest assessment of your circumstances.
Contact Us for More Information About Annulment
If you have been misled into a marriage that is not legal or could be voided, you need help to understand how to proceed. Simply leaving your spouse will not fix the problem. You must file a legal petition to annul the marriage so you can move on with your life. Petitt Family Law is committed to guiding you through this confusing and worrying process.
Melody Petitt leads an experienced family law team who share a passion for helping you in your time of need. She combines 20 years of work in family law with honesty and integrity, applying her background to interpret the law to her clients’ advantage.
Contact the annulments lawyers at Petitt Family Law or call 469-361-2606 to learn more about your options for ending an invalid marriage.
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