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How to Get an Annulment in Texas

Posted by Chris Peterson | Jul 08, 2014 | 0 Comments

How to Get an Annulment in Texas

How to Get an Annulment in TexasAn annulment is quite different from a divorce. Unlike the latter, an annulment results in a complete nullification of the marital agreement. It is as if the marriage never existed. Annulments are only granted under certain very specific circumstances. If you are considering an annulment it is advisable that you consult with a Conroe divorce lawyer.

Grounds under Which an Annulment Can Be Granted

The grounds for annulment are listed in the Texas Family Code, Chapter 6. You should consider carefully each of these reasons to determine whether an annulment in your case is feasible. If you have a religious faith and are concerned about whether annulments are recognized thusly, you need to speak with a clergy person.

You may be able to obtain an annulment under the following circumstances:

  • One of the married parties was 16 years of age but under 18 and did not have the consent of a parent. There may be an exception if the female was pregnant at the time of marriage.
  • One of the parties did not have the mental capacity to give consent due to being under the influence of alcohol or drugs, or because of mental illness or incapacitation.
  • One of the parties was impotent and the other was unaware of the fact.
  • One of the parties used duress or fraud to force the other into marriage.

In addition, an annulment may be granted if the marriage took place 72 hours prior to the issuing of the marriage license. In such case a Texas family court can annul the marriage up to 30 days after the fact.

How to Obtain an Annulment

A Conroe divorce lawyer should be hired to assist you in seeking an annulment. This will help ensure that your rights are protected. Once you have determined that your marriage meets one of the criteria listed in the Texas Family Code you need to obtain the following forms:

  • Annulment Petition
  • Annulment Waiver
  • Annulment Answer
  • Annulment Decree

You and your spouse then need to fill out the forms and file them in the district court. You will be given a court date. Make sure to arrive on time to the court on the day of your hearing. Both of the spouses need to be present in order for the judge to hear both sides. After presenting your case the judge will render a decision. Assuming he accepts the petition for annulment, he will sign the paperwork and your marriage will then be null and void. If he denies your petition, your only recourse will be to seek a traditional divorce.

If You Need to File an Annulment

If your marriage falls under one of the criteria mentioned above, and you no longer wish to be married, contact a Conroe divorce lawyer right away. Call Peterson Law Group to arrange a consultation at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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