Annulment In Texas Cost
You can end a marriage legally through a divorce or through an annulment in Texas. But unlike a divorce, you can only get an annulment in a few circumstances. An annulment is a type of lawsuit where a judge declares a marriage invalid because of circumstances that existed at the start of the marriage. In other words, when a judge grants an annulment, it’s like the marriage never really happened or never really existed legally. Consult an experienced Texas annulment lawyer if you believe that your marriage qualifies for an annulment.
What Are The Grounds For Annulment In Texas?
The following are some of the grounds for annulment in Texas:
- You were under the influence of drugs or alcohol at the time of marriage and have not lived with your spouse since the date of marriage
- One of the spouses was underage or below 18 years of age when the marriage happened
- A spouse was impotent at the time of marriage but did not disclose it to the other spouse
- The marriage was between first cousins, siblings, a parent and a child, or an uncle and a nephew
- The marriage happened because of duress, fraud, or force
- Mental Illness
All you need to do is prove any of the above to get an annulment in Texas.
Annulment Process In Texas
You can only file for an annulment in Texas if you have lived in the state for not less than 6 consecutive months. Your lawyer can help you file the petition in the county where you or your spouse resides. You should list any property that should be divided so that you don’t lose property after the annulment is approved. A sheriff or a process server can serve your spouse with a court summons on your behalf, but you have to ask them to do it.
A court may allow you to post a notice in the newspaper if you have no idea where your spouse is. The final step is presenting your argument for annulment before a judge or jury. The judge will then issue an annulment order if you win your case. If there are children and or property involved, the judge will give an order regarding property division, child support, alimony, custody, and visitation.
Statute Of Limitations For Annulment
There is no time limit for filing for an annulment in Texas in most cases. However, you only have 30 days to file for an annulment if you get married within 72 hours after filing for a marriage certificate. If your spouse is under 18, you have to file before they turn 18. Texas law does not allow you to file for an annulment if you continued living with your spouse after you discovered their offensive conduct. An experienced annulment lawyer can explain in detail the statute of limitations for your specific case. A lawyer that knows the ins and outs of annulment can also help you file for the annulment.