In Texas, a marriage can end in one of three ways: divorce, annulment, or death. While most couples pursue divorce, you may wonder what it takes to have your marriage annulled, and even what it means. For wondering what are the grounds for annulment in Texas, and whether your marriage qualifies, you may want to speak with a Denton County annulment attorney.
Most people want to dissolve their marriage as quickly and painlessly as possible, which may not be possible if you pursue a separation for which you are not eligible. Avoid wasting valuable time and money in this process by calling Youngberg Law Firm.
Texas Annulments
Annulment and divorce achieve the same result in different ways. A divorce ends a valid marriage. On the other hand, an annulment ends a marriage that wasn’t valid to begin with. When a marriage is ended through annulment, the court determines that the marriage never existed. In other words, the marriage is legally erased.
If you qualify for an annulment, you may wonder whether that, or divorce, is more appropriate for your circumstances. Some things to consider are whether you have pre- or post-nuptial agreements that you may benefit from. These are often voided in an annulment since the marriage they pertain to did not exist.
Additionally, you may choose to consider asset division. You may be entitled to marital assets acquired during the marriage. However, if you did not acquire much, an annulment may be more appropriate. Some may have spiritual or religious reasons for preferring an annulment instead of a divorce, but the decision of which to pursue is very specific to your situation and personal preferences.
What is the Difference Between an Annulment and a Divorce?
When you seek an annulment, this is a term that essentially says the legal marriage never happened based on circumstances that may render it invalid. It focuses on how the marriage began, while a divorce focuses on a marriage that ends. Property distribution and division of assets are often an issue in divorce and annulment, but there are significant differences.
Alimony and Spousal Support
Alimony is often awarded in a divorce to ease discrepancies between living standards or quality of life among spouses who signed a contract to support and provide for each other.
However, because an annulment effectively makes it as if the marriage never happened, alimony/spousal support is not typically awarded. However, some courts may require temporary alimony during an annulment proceeding.
Custody Agreements and Parental Rights
Annulments can become more complicated when children are involved. Specifically, according to the Texas Attorney General, paternity is not automatic for fathers who are not married to the mother. While the spouse of a birthing parent may be assumed to be the father of the child, this is not the case after an annulment.
However, you may choose to establish father’s rights during the annulment process and prior to a written custody order. In some circumstances, you may be able to obtain a custody order with an SAPCR, but our annulment lawyers in Denton, TX, can advise you on how to do this.
Annulment vs. A Suit to Declare a Marriage Void
Some circumstances surrounding a marriage are such that the marriage could never be valid, and the married individuals could not choose to stay married, as they may even if the marriage simply meets the criteria for annulment. These situations most often include marriages in which one spouse is already married or the marriage of close relatives. However, both processes result in establishing that the legal marriage never existed.
Grounds for Annulment in Texas
There are several grounds for annulment in Texas. According to Chapter 6 Subchapter B of the Texas Family Code, you must demonstrate that your marriage meets one or more of the seven criteria. These situations may allow you to choose an annulment or to stay married.
Inebriation
Section 6.105 of the Texas Family Code states that your marriage may be eligible for annulment if one person was under the influence of alcohol or narcotics to the extent that they cannot consent to the marriage. However, this also requires that the individual has not cohabited with their spouse since the effects of the substances ended.
Impotence
If one partner was permanently unable to engage in intercourse at the time of the marriage, unbeknownst to the other partner, the marriage may be eligible for annulment. This also requires that the complaining party has not voluntarily lived with the other person since discovering the impotence.
Fraud, Duress, or Force
Fraudulent marriages include those born from deceit, force, or duress. This can include your spouse lying about something that contributed to your decision to marry, or a person or group of people who pressured or forced a party into the marriage.
Underage Spouse or Spouses
Though minors are allowed to marry if they have parental consent or a court order, some circumstances may allow for an annulment. If the parents did not consent and there was no court order, the parent or guardian of the minor can request one. If the child turns 18 within 90 days of the marriage, they may request their own annulment. However, there is only a 90-day period during which the marriage may be eligible.
Lack of Capacity
If one party lacks the capacity to consent due to mental, developmental, or physical illness, the courts may determine that the party is unable to consent, and therefore, the marriage is invalid.
Waiting Period Violation
In Texas, you must wait 72 hours to marry once you receive your license legally. If you marry without waiting the whole 72 hours, you may be eligible for annulment if you file within 30 days of the marriage.
Residency Requirements
You are not required to be a Texas resident to get an annulment. If you were married in Texas, neither person must live here. However, if you were married elsewhere, one person must be a permanent resident for Texas to assume jurisdiction.
How to File for an Annulment in Texas
The first step to filing for a Texas annulment includes checking the statute of limitations on your situation. For example, you only have 90 days to file for annulment after discovering your minor child was married. Additionally, you must decide quickly whether your marriage qualifies for annulment because voluntarily living with your spouse after discovery can invalidate your claim. This will not bar you from divorcing your spouse, but it would be recorded as a valid record that ended.
Filing Paperwork
You must file paperwork with your local court to begin the annulment process. The first form to complete is the Original Petition to Annul Marriage. This form requires you to provide information such as your and your spouse’s names, the grounds for annulment, whether the wife is pregnant, and whether children were involved in the marriage.
Additional forms you might need to complete initially include a civil case information sheet or Information on Suit Affecting the Family Relationship if children are involved. These can be submitted in person or online.
Spousal Notification
Once you file your case, you must formally notify your spouse so they can respond. Depending on the circumstances of the relationship, you may undergo the process together, meaning your spouse can immediately acknowledge the filing. If the separation is contentious, you may need to hire the sheriff’s department or a process server to notify them formally.
Waiting Periods
You must adhere to at least two waiting periods to ensure everyone has the appropriate amount of time to respond and prepare. Your spouse has 20 days and the following Monday to respond before the annulment may be granted by default.
Additionally, the entity that served your spouse is required to file a return of service form detailing the date and time they served. This must be on file with the court for a minimum of 10 days before the annulment can be finalized.
Decree of Annulment
The next step is completing the decree of annulment form. This is the form the judge will sign to render your marriage null and void. This also states that you have no communal property other than your personal items. This form should be completed in blue or black ink, and it is often smart to have an annulment attorney review it for errors or problems that may not be in your best interest.
If your spouse fails to respond to the notice, you may be able to have it finalized by default. However, you may need to provide additional documentation such as a certificate of last known address, a military status declaration, and a statement of evidence if you served them by publication.
Court
Whether you have an agreed-upon decree of annulment, a contested annulment, or are attempting to close your case through default, you will need to go to court. This will be an opportunity to present your reasons for the annulment and provide testimony for your grounds. You will need to ensure you have the appropriate paperwork. All your testimony should be factual and accurate. Lying to the court can result in criminal charges of perjury.
Finalizing
Once the judge provides the decree, bring that along with any other orders signed by the judge and file them with the clerk. Your annulment is not final until this is done. You may also want to request certified copies for your records, though they may come with an extra fee.
The Cost of an Annulment in Texas
The filing fees for an annulment can vary. If this is your first filing, Texas Courts show that new civil cases have a filing fee of $213, with a $35 charge for additional filings. However, you may request a court cost or fee waiver if you cannot pay the fees.
The costs of serving your spouse can vary. Sometimes, it costs as little as a few dollars to send through certified mail or more than $100 if you hire a process server.
If you work with an annulment lawyer in Denton, TX, you may discuss payment with them and whether they cover filing fees at their typical rate or if these fees are charged in addition to incidentals or other fees.
Youngberg Law Firm Provides Broad Legal Support in Your Family Law Case
An annulment is often considered a simpler option to dissolve a marriage in lieu of divorce. While this may be true in some ways, it can present additional challenges if it is not handled in a very specific way. When you work with Youngberg Law Firm, you can rest assured that we can handle anything related to your annulment or divorce case. Whether an amicable situation turns into a high conflict or you have significant assets that must be managed,
Relationships come with different levels of conflict. Our team can handle cases where domestic violence may be a factor. This includes helping you pursue protection orders to support a safe and legal extraction from your spouse that will allow you to move on from the marriage.
While some annulment cases may still require agreement on specific components, such as child custody and support, we can offer mediation services. We may even be able to help you with modifications of these orders after the annulment is finalized. These services may be available whether you utilize us for other annulment proceedings or not.
Contact Our Annulment Attorneys in Denton, TX
If you want to annul your marriage in Texas, you need to consult experienced annulment attorneys in Denton, TX. At Youngberg Law Firm, attorney Mike Youngberg is experienced in many facets of family law, including divorce and annulment. Our firm will work hard to give you a positive experience and help you obtain the legal results you want.
The choice to dissolve or void your marriage is not one that many expect to make. We understand that the process can feel intimidating, which is why we offer 60-minute case consultations to discuss your situation to help you determine the most appropriate path forward. Our team at Youngblood Law Firm is committed to helping you feel confident in your decision. Schedule a confidential consultation today to give yourself the best chance after dissolving your marriage.
