In Texas, an annulment is a legal way to declare a marriage invalid, as if it never legally happened. Unlike a divorce, which ends a valid marriage, an annulment wipes it out completely.
When can you get an annulment in Texas?
You can only get an annulment in Texas under specific conditions. These include:
- One spouse was under 18 and married without parental consent or court approval.
- One spouse was under the influence of drugs or alcohol at the time of marriage.
- One spouse was permanently impotent, and the other didn’t know beforehand.
- The marriage occurred because of fraud, force, or coercion.
- One spouse lacked the mental capacity to consent to marriage.
- One spouse hid a divorce that occurred within 30 days before the new marriage.
If your situation falls into one of these categories, you may qualify for an annulment. However, you’ll need to file a petition in court and provide evidence to support your claim.
What happens to property in an annulment?
Texas is a community property state, but annulments treat property division differently than divorce. Since the marriage is considered void, the court focuses on restoring both parties to their original financial positions. That means property is generally returned to the person who originally owned it.
If you acquired assets together during the time you were married, the court may divide that property fairly, depending on the circumstances. However, you should not expect the same kind of 50/50 split seen in divorce cases.
What about children and custody?
Even if a marriage is annulled, any children born during the relationship are still considered legitimate under Texas law. That means both parents have rights and responsibilities, including custody, visitation, and child support.
The court will issue orders to ensure the child’s best interests are protected, just like in a divorce. You have the right to request custody, shared parenting time, and financial support from the other parent.
If you’re seeking an annulment, it’s important to gather all documentation and be ready to explain why the marriage was not legally valid. Your rights depend heavily on the details of your case and the court’s judgment.