Annulment in Texas: Grounds, Process, and How It Differs from Divorce
An annulment declares that a marriage was never legally valid — as if it never happened. Unlike a divorce, which ends a recognized marriage, an annulment erases it. But annulments are far harder to obtain than most people think. In Texas, you must prove specific legal grounds, and simply having a short marriage or regretting your decision is not enough. This guide explains when annulment is available, how the process works, and whether it is the right option for you.
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Talk to AI AdvisorGrounds for Annulment
Annulment requires proving that a fundamental defect existed at the time of the marriage. The grounds are specific and narrow.
Fraud or misrepresentation
One spouse lied about something essential to the marriage — such as the ability to have children, a prior criminal record, a secret prior marriage, or a fundamental aspect of their identity. The fraud must go to the essence of the marriage, not minor lies.
Bigamy
One spouse was already legally married to someone else at the time of the ceremony. A bigamous marriage is void in every state — no court action is technically needed, but a formal annulment clarifies the record.
Duress or force
One spouse was coerced or forced into the marriage against their will. This includes threats of physical harm, extreme emotional pressure, or situations where one spouse felt they had no real choice.
Mental incapacity
One spouse was unable to understand the nature of the marriage contract at the time of the ceremony — due to mental illness, intellectual disability, or extreme intoxication.
Underage marriage
One or both spouses were below the legal age of consent and did not have required parental or judicial approval. The underage spouse (or their parent) can seek annulment.
Inability to consummate
One spouse was physically unable to have sexual intercourse and concealed this fact before the marriage. The other spouse must not have known about the condition.
Incest (prohibited relationship)
The spouses are too closely related by blood. Marriages between close relatives are void in every state.
Void vs. Voidable Marriages
Void marriages
Marriages that are invalid from the start and can never become legal — such as bigamous marriages or incestuous marriages. Technically, no court action is needed, but an annulment proceeding creates a clear legal record.
Voidable marriages
Marriages that are valid until one spouse challenges them — such as those based on fraud, duress, underage, or incapacity. The marriage remains legally valid unless and until a court grants the annulment.
Why the distinction matters
A void marriage can be challenged at any time and by third parties (such as a prior spouse). A voidable marriage can only be challenged by one of the spouses, and there are often time limits for filing.
Time Limits for Filing
- ✓Most states impose statutes of limitations on voidable marriage annulments — often ranging from several months to a few years
- ✓Fraud: typically must be filed within a reasonable time after discovering the fraud (not after the marriage)
- ✓Underage: usually must be filed before the underage spouse reaches the age of majority, or within a short period after
- ✓Duress: must be filed within a reasonable time after the duress ends
- ✓Incapacity: must be filed within a reasonable time after the spouse regains capacity
- ✓Bigamy and incest (void marriages): no time limit — these can be challenged at any time
- ✓Check Texas's specific statutes for the applicable deadlines — missing them means your only option is divorce
Property, Custody, and Support in Annulment
Even though an annulment declares the marriage never existed, practical issues still need to be resolved.
Property division
Property acquired during the annulled marriage still needs to be divided. Texas courts typically apply equitable principles similar to divorce, even though technically no marital property was created. Some states have specific "putative spouse" doctrines to protect innocent parties.
Children
Children born during an annulled marriage are legitimate in every state. Custody, visitation, and child support are handled exactly the same as in divorce. Annulment does not affect parental rights or obligations.
Spousal support
spousal maintenance may or may not be available after annulment depending on state law. Some states allow support for a "putative spouse" (a person who believed in good faith they were legally married). Others do not award support in annulment cases.
Religious vs. Civil Annulment
Civil annulment
A legal proceeding through the court system that dissolves the marriage under state law. This is what affects your legal rights, property, and status. It requires proving specific legal grounds.
Religious annulment
A separate process through your religious institution (most commonly the Catholic Church). A religious annulment declares the marriage invalid under religious law. It has no legal effect — you still need a civil divorce or annulment.
You may need both
A civil annulment does not automatically grant a religious one, and vice versa. If religious recognition matters to you, pursue both processes independently.
Annulment vs. Divorce: Which Is Right for You?
Choose annulment if
You have clear legal grounds (fraud, bigamy, duress), you want the marriage treated as if it never occurred for legal and personal reasons, and you can prove the grounds in court.
Choose divorce if
You do not have annulment grounds, your marriage lasted more than a brief period, you want a cleaner and faster process, or you want access to spousal support that may not be available in annulment.
The practical reality
Most people who want an annulment actually need a divorce. A short marriage can still result in a quick, simple divorce. Consult a family law attorney — they can tell you in one meeting whether annulment is a realistic option.
Every situation is different
Not sure if you qualify for an annulment? Tell our AI advisor about the circumstances of your marriage, and we will help you understand your options in Texas.
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Legal Disclaimer: This article covers Texas divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas family law attorney for advice specific to your situation.