How Long After Marriage Can You Get an Annulment in Texas?

If you believe your marriage could qualify for being declared null and void, you’re likely wondering how long after marriage you can get an annulment in Texas. Do you have to file the paperwork right away, or can years go by before you head to the courthouse?

• There are seven grounds for annulment in Texas, each of which has its own timeframe.

In this article, we’re going to go over everything you need to know about the timeline of getting an annulment in Texas.

How Long After Marriage Can You Get an Annulment in Texas?

For some grounds for annulment, there are time limits for when you need to file your case with the court.

Here are the specific time frames for different grounds:

• Underage marriage: If one party was under 18 at the time of the marriage, a parent or guardian can file for annulment before the person turns 18, or the person themselves can file within 90 days after turning 18.
• Influence of alcohol or drugs: If one party was under the influence of alcohol or drugs at the time of marriage, the annulment must be filed before the parties voluntarily cohabit after the effects of the alcohol or drugs have worn off.
• Impotency: If one party is permanently impotent, the annulment must be filed before the parties voluntarily cohabit after learning of the impotency.
• Fraud, duress, or force: If the marriage was entered into under fraud, duress, or force, the annulment must be filed before the parties voluntarily cohabit after discovering the fraud or being released from the duress or force.
• Mental incapacity: If one party was mentally incapacitated at the time of marriage, the annulment must be filed before the parties voluntarily cohabit after the incapacitated person has regained mental capacity.
• Concealed divorce: If one party concealed a divorce that occurred within the 30 days preceding the marriage, the annulment must be filed before the first anniversary of the marriage.
• Marriage less than 72 hours after issuance of license: If the marriage took place within 72 hours after the issuance of the marriage license, the annulment must be filed within 30 days of the marriage.

Is There a Waiting Period For an Annulment in Texas?

In Texas, there is no mandatory waiting period specifically for obtaining an annulment after the petition is filed. This is in contrast to the divorce process in Texas, an essential component of which is the sixty day waiting period.

At the same time, the process isn’t going to be immediate. Finalizing an annulment can take some time due to the a number of factors, including:

• Filing the petition: The petitioner must file a petition for annulment in the appropriate Texas district court.
• Service of process: The other spouse (the respondent) must be formally served with the annulment papers.
• Response time: The respondent has a certain amount of time to respond to the petition, typically 20 days after being served.
• Court hearing: A court hearing will be scheduled to present evidence and arguments. The timing of the hearing depends on the court's schedule and availability.
• Court decision: The judge will review the evidence and make a determination on whether the grounds for annulment are met.

How long it takes in total from filing to final decision can vary widely depending on the complexity of the case, the grounds for annulment, and the court's schedule. It is generally recommended to consult with a family law attorney to help you navigate the process efficiently and understand the specific timelines you can expect.

The Basics: What Is an Annulment?

An annulment is a legal procedure that declares a marriage null and void as if it never existed.

Unlike a divorce, which ends a legally valid marriage, an annulment treats the marriage as though it was never legally valid in the first place.

When Are Annulments Allowed in Texas?

There are seven grounds in Texas upon which an annulment can be legally based. These are:

• One spouse was under 18 years old at the time of the marriage
• One spouse was under the influence of alcohol or drugs when they got married
• One spouse is permanently impotent
• One spouse was tricked, pressured, or forced into getting married
• One spouse lacked the mental capacity to consent to the marriage
• One spouse hid the fact that they had been previously divorced
• The marriage took place less than 72 hours after obtaining the marriage license

Is an Annulment the Same as a Divorce?

No, an annulment is not the same as a divorce. An annulment declares that the marriage was never legally valid, effectively erasing it from a legal standpoint as if it never happened. In contrast, a divorce acknowledges that the marriage was valid but ends it through legal proceedings.

Annulments are granted based on specific grounds such as fraud, bigamy, mental incapacity, underage marriage without proper consent, impotency, coercion, concealment of a prior divorce, or a marriage that occurred too soon after obtaining a marriage license. Because an annulment treats the marriage as though it never existed, the legal effects are different from those of a divorce. After an annulment, there are no marital rights or obligations, and property division typically considers the status before the marriage. However, children from an annulled marriage are still considered legitimate, and issues like custody, support, and visitation are handled similarly to divorce cases. Spousal support (alimony) is generally not awarded in annulment cases.

On the other hand, a divorce legally ends a valid marriage, recognizing that it existed but is now being dissolved. Divorces can be granted for various reasons, including no-fault grounds like irreconcilable differences or fault-based reasons such as adultery, abandonment, or abuse. The effects of divorce include officially ending the marriage and addressing legal rights and obligations related to property division, spousal support, and debt allocation. Custody, child support, and visitation arrangements are also established as part of the divorce proceedings. Alimony or spousal support may be awarded based on factors such as the length of the marriage, the financial status of each spouse, and their contributions during the marriage.

Is an Annulment the Same as a Suit to Declare a Marriage Void?

An annulment and a suit to declare a marriage void are both legal actions in Texas that address the validity of a marriage, but they have different purposes and implications.

An annulment declares a marriage null and void, treating it as if it never existed, based on specific grounds like underage marriage, fraud, duress, or lack of mental capacity. Children from an annulled marriage are still considered legitimate, and issues like child custody and support are handled similarly to divorce cases.

A suit to declare a marriage void asserts that the marriage was never valid from the start due to conditions like bigamy, incest, or lack of proper consent. Unlike annulments, void marriages are inherently invalid, but a court order can help formalize the status and address legal issues.

How Long Do I Have to Be a Texas Resident to File For an Annulment?

You do not need to have lived in Texas for any specific length of time before filing for an annulment. You only need to meet one of the following requirements:

• At least one of you lives in Texas when you file the annulment petition or
• You got married in Texas

What To Do If You Don’t Qualify For an Annulment

If you don't qualify for an annulment in Texas, you can pursue a divorce to legally end your marriage. Here are the steps to consider if an annulment is not an option:

1. Consult with a Family Law Attorney

One of the first things most experts would advise is that you consult a family law attorney to understand your options and navigate the divorce process. They will help you evaluate grounds for divorce, whether no-fault (insupportability) or fault-based (adultery, cruelty, etc.).

2. File for Divorce

Your attorney will assist in preparing and filing the divorce petition with the court. Ensure your spouse is formally served with the papers to initiate the process.

You can also request temporary orders to address immediate concerns like child custody, support, and property issues while the divorce is pending.

4. Negotiate a Settlement

Mediation can help you and your spouse negotiate terms for asset division, spousal support, and child support. A mutual settlement can expedite the process and reduce conflict.

6. Finalizing the Divorce

If a settlement is reached, you can then present it to the court for approval. If not, the case may go to trial, and a judge will decide on contested issues.

7. Post-Divorce Considerations

You’ll also need to ensure all court orders are implemented correctly. You can request modifications to custody or support orders if circumstances change in the future.

By pursuing a divorce, you can legally end your marriage and address essential issues like property division, spousal support, and child custody, even if you don't qualify for an annulment. Consulting with a family law attorney will likely provide the necessary guidance and support throughout this process.

Navigating Family Law in Texas

So, how long after marriage can you get an annulment in Texas? The answer is: it depends on which grounds you are basing your annulment on. For some, the petitioner must file their paperwork with the court before ninety days are up. For others, the petitioner has up to a year after the offending activity was discovered.

Are you searching for more information about family law in Texas? Make sure you check out the rest of our blog at TexasDivorceLaws.org!

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Grounds for Annulment in Texas Marriage Annulment in Texas: What Is It? Marriage Annulment vs Divorce in Texas: What’s the Difference? How to Get an Annulment in Texas Can a Divorce Be Annulled in Texas? What Is a Dissolution of Marriage in Texas? Dissolution of Marriage in Texas: How to End Your Marriage Texas Divorce Statistics: 9 Surprising Stats About Divorce in Texas Dating Before Divorce is Final in Texas: What to Watch Out For