If you continued living with your spouse once you found out about the previous divorce, you may not be eligible for an annulment.
But, you can still obtain a divorce. You may be able to get an annulment if one spouse had mental incapacity at the time of marriage but later regained capacity. For example, if at the time of marriage, either spouse was mentally incapacitated, but then regained capacity and voluntarily co-habitated with the other spouse as if the parties were married, no annulment can be granted. As discussed above, if one spouse is married to someone else at the time of marriage, a marriage is considered void in Texas.
However, to declare a marriage void, the party seeking to declare the marriage void must do so before the other spouse files for divorce from their first spouse. Consanguinity incest is another reason why parties may declare a marriage void in Texas. For a court to be able to annul a marriage, it must have jurisdiction. For annulments, this means that parties have to live in Texas or have been married in Texas.
The court only needs jurisdiction over one party, but that party needs to have been domiciled in Texas. Domicile means physical presence in the state and intent to remain. If you currently live in Texas and do not plan on moving, your domicile is Texas. In an annulment, you have to give notice to the other party and serve them if they are not going to appear in court.
However, unlike a divorce where you must wait 60 days before the court can grant your request, there is no waiting period for an annulment. However, if both parties are unable to appear in court, there are some steps you may take to be eligible for an annulment.
The other party can fill out a waiver of service dated subsequent to the annulment filing or you have to wait 20 days, giving the other party time to respond. Even if the marriage is considered invalid from the start, child support, child custody as well as property issues will be evaluated by the court. In Texas, you must file a suit. Common Topics. Family, Divorce, and Children. All Topics. Court Basics.
Individual Rights. Name Change. Protection from Violence or Abuse. Self Help. Featured Self-Help. Self-Help Guides. Ask a Question. Guided Forms. Informative Articles. More Resources. Court Information. Helpful Non-Legal Organizations. Types of Legal Help. Legal Assistance. Find Help. Legal Help Directory. Qualifying for Legal Aid. Working with Private Attorneys. Professional Use Only Forms. Search Search. Research Tips The legal system is complex. Expand Collapse An annulment is a type of lawsuit where a judge states that a marriage is invalid due to reasons that existed at the start of the marriage.
What is the difference between an annulment and a suit to declare a marriage void? What is the difference between a divorce and a suit to declare a marriage void? Expand Collapse A divorce will end a valid marriage. Jurisdiction and Venue - Where can I file an annulment? Expand Collapse For the most part, the courts that can decide divorce cases can also decide annulments.
What if there are children involved in the annulment? Residency - How long do I have to live in Texas to file for an annulment? Expand Collapse To be able to file for an annulment in Texas, either One of the spouses must live in Texas or The spouses were married in Texas. What are the requirements for annulling a marriage on the grounds there was fraud, duress, or force involved?
Expand Collapse A judge can annul a marriage if a spouse made an important misrepresentation intending to persuade or influence the other spouse into marrying them. Use these instructions if: you and your spouse do not have any children together and no child is expected, and you and your spouse agree about all the issues and will both sign the necessary court forms. Do NOT use these instructions if: your spouse does not agree to the annulment, or your case involves a lot of property to be divided.
Checklist Steps Step 1: Meet the legal requirements. Expand Collapse You can ask the Court to annul your marriage if: A spouse of the marriage was under age 18, or Note: If a person is between 16 and 18 years of age and married without parental consent or a court order, the marriage may be annulled.
Talk with a lawyer if this is the reason you are asking the court for an annulment. A spouse was under the influence of alcohol or narcotics, or Note : The spouse asking for the annulment the petitioner was under the influence of alcohol or narcotics to the point that they lacked the capacity to consent to the marriage.
In addition, the petitioner must not have voluntarily lived with the other spouse once the alcohol or drugs had worn off. Either spouse is permanently impotent, or Note : If either party is permanently impotent unable to have sexual intercourse at the time of the marriage and the petitioner was unaware of the impotency at the time of the marriage, a judge may grant an annulment.
In addition, the petitioner must not have voluntarily lived with the other spouse since becoming aware of the impotency. A spouse was convinced to marry the other spouse by fraud, duress, or force, or Note : A marriage may be annulled if a spouse made an important misrepresentation intending to persuade or influence the other spouse into marrying them. In addition, the petitioner must not have voluntarily lived with the other spouse since becoming aware of the fraud or being released from the duress or force.
A spouse lacked the mental capacity to enter into the marriage, or Note : A court may order the marriage annulled if either spouse did not have the mental capacity to consent to the marriage or the marriage ceremony. If the petitioner is asking for annulment because the other spouse lacked mental capacity, the petitioner must also show that he or she did not know or could not reasonably have known that the other spouse lacked capacity.
A spouse concealed hid a prior divorce, or Note : The petitioner must show that the other spouse was divorced from a third-party within the 30 day window before the marriage and that the petitioner did not know or a reasonably prudent person could not have known of the divorce. In addition, the petitioner did not voluntarily live with the other spouse after discovering or should have discovered the divorce.
The annulment case must be filed within 1 year of the marriage. The spouses were married within 72 hours of the marriage license being issued. Note: To qualify under these facts, the petitioner must file the annulment case within 30 days of the date of the marriage. Step 2: Determine where to file for annulment. Step 3: Fill out the starting forms. Information on Suit Affecting the Family Relationship Fill out this additional starting form if you cannot afford to pay the filing fee for your case.
Make 2 copies of the Statement of Inability to Afford Payment of Court Courts if you are asking the court to waive court costs. Step 4: File turn in your starting forms. Expand Collapse File turn in your completed Petition and additional starting forms with the court. You need to find out if your county has standing orders. If it does, you will need to attach a copy of the standing orders to your petition. Step 5: Ask your spouse to sign an Answer or Waiver of Service.
The legal age to get married in Texas is 18, or 16 with a parent's consent or court order. Once a spouse is 18, the spouse can't file for an annulment based on being underage. A Texas court won't grant an annulment based on intoxication if the spouses lived together after the spouses were sober. If a spouse wants an annulment because their husband or wife is unable to have sexual intercourse, the impotence has to be permanent.
Also, the court won't grant annulment if the spouse asking for annulment knew about the impotence at the time of marriage, or voluntarily lived with the impotent spouse since finding out.
A Texas court won't grant annulment for fraud, duress or force if the spouses continued to live together after the fraud was discovered or the duress or force was no longer present. Only major fraud about something essential to the marriage will be enough for an annulment. For example, a Texas husband whose wife didn't tell him about five of her eight previous marriages was granted an annulment.
A spouse lying about being a virgin before the marriage, however, isn't enough for an annulment in Texas. File the lawsuit in the district court for the county where either you or your spouse lives. Either you or your spouse needs to have lived in Texas for at least six months and in the county where you file for at least 90 days.
Check with the district court clerk's office to see if they have a sample form you can use to file for annulment. A link to contact information for all the Texas district courts is below. Your annulment paperwork needs to list the full names for you, your spouse, and your children. State which spouse has lived in the county for at least 90 days. List the date of your marriage and the date you and your spouse stopped living together.
If you have children and need the judge to decide custody, visitation, and child support, you'll need to state that in the suit as well.
You can ask for a lawyer willing to accept reduced fee arrangements or are willing to provide limited scope representation, also known as unbundling. If your income is low, you may qualify for free help from legal aid. Regardless of income, you may get free legal advice at walk-in legal clinics. For more information, please click here. Common Topics.
Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Name Change. Protection from Violence or Abuse. Self Help. Featured Self-Help. Self-Help Guides. Ask a Question. Guided Forms. Informative Articles. More Resources. Court Information. Helpful Non-Legal Organizations. Types of Legal Help. Legal Assistance. Find Help. Legal Help Directory. Qualifying for Legal Aid. Working with Private Attorneys. Professional Use Only Forms. Search Search. What is an annulment?
What is the difference between a divorce and an annulment?
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