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There are a couple of ways that a marriage can end. The death of either party, divorce, or annulment. You are also able to settle your marital issues without ending the marriage through legal separation. An annulment is a way to end the marriage, however unlike divorce, an annulment voids the marriage. Voiding the marriage makes it as if the marriage never happened.
To be granted an annulment you must be able to prove one of the legal grounds for annulment. To get an annulment in Texas, the legal grounds are:
In Texas you have the option to file for annulment or file a suit to declare a marriage void. When filing for annulment you are trying to prove why the marriage is not valid, however for a void marriage the marriage is automatically not a valid marriage from the beginning. The grounds for void marriage in Texas are incest and bigamy.
In addition to being able to prove one of the grounds for annulment, you also must meet the residency requirements for annulment in Texas. You are not able to just file in any state. You need to file in the state that you or your spouse live. In Texas you or your spouse must live there, or you were married there to be eligible to get an annulment. You should also file in the county you or your spouse live or where you lived when the marriage took place.
In some states you are not able to file for annulment if you have children from the marriage. You can file for annulment in Texas If you have children, but you will need to file a Suit Affecting the Parent-Child Relationship (SAPCR) with the annulment. The SAPCR allows the court to settle all issues relating to your children including child custody and support. You can also settle visitation and health insurance issues.
When filing for annulment in Texas there is no waiting period between the annulment filing and the final hearing. There is also no set amount of time that you need to live in Texas before filing for annulment in Texas. The length of time it will take for you to get an annulment in Texas will depend on how busy the courts are at the time you file and can be completed in as little as a few weeks.
What Our Clients Are Saying.
Its great and has helped me alot seeing as we have been apart for over 2 years and finally getting this done.
Fairly easy to use. Should be tailored a little more for questions pertaining to the types of divorce i guess like Uncontested... etc..
This is easy and fast just answer some questions and hopefully I get divorced never thought getting a divorce would be so easy thank you.
Typically, when trying to end a marriage, a couple will file for divorce. However, there are some people that do not want to divorce and prefer to have their marriage annulled. An annulment means that the court is declaring that your marriage is invalid. Once a marriage is annulled it is as if the marriage never existed.
Each state has their own set of rules and grounds for annulment. To annul a marriage in Texas, one spouse must live in the Texas, or the spouses were married there. You also need to meet one of the grounds to annul a marriage in Texas. The ground you select must be proven in court with evidence. You also need to file in the correct county.
You need to file in the county where all or a large part of the relevant facts leading to the annulment took place or where you or your spouse lived when the facts, acts, and marriage took place.
Once you complete your paperwork and file for annulment there is no specific waiting period required before your annulment can be complete in Texas. You just need to file and wait for the court to schedule your final hearing. The length of time will just depend on how busy the courts are when you file.
Unless one spouse was under the age of 18, either spouse can file for annulment. If one spouse is under 18, that person's parent or guardian will have to file. If one spouse does not want to sign the annulment forms, you can still file for annulment by default. Your spouse not willing to sign does not stop the process. You just need to make sure that you have served them with the annulment forms by the sheriff. If your spouse agrees with the annulment, they should sign the Final Decree of Annulment.
A common misconception about annulment is that it is based on the length of your marriage. The reality is that an annulment is only granted if very specific grounds are met and can be proven in court. In Texas some grounds for annulment can have their own timing limitations. For example, if you are filing for annulment because one spouse was under the influence of drugs or alcohol, the parties cannot voluntarily live together once the alcohol or drugs wear off. If you are filing based on fraud, force, or duress you cannot voluntarily live with your spouse after the fraud was discovered. If you do not qualify for annulment, you can always file for divorce.
If you want to end your marriage, but are unsure how, there are two options. You can file for divorce or annulment. To make your decision you should know the main differences between divorce and annulment in Texas. When you file for divorce, it is recognized by the court that you have a valid marriage. If you are filing for annulment you are stating to the court that your marriage is not valid. If an annulment in Texas is granted it is as if your marriage never existed in the eyes of the law. Annulment is less common than divorce and can be more difficult to obtain. You need to prove to the court that your marriage is not valid. Annulment in Texas is granted based on very specific grounds and needs to be proven in court with evidence to support your claim.
Another difference between annulment and divorce in Texas is that divorce allows the court to divide assets and debts during the marriage while annulment does not. This is because Texas is a community property state so if the marriage was never valid there are no grounds to divide property. If there are children involved, you will need to file for a Suit Affecting the Parent-Child Relationship to settle custody and support issues when filing for annulment in Texas. If you are filing for divorce all of those issues can be settled at once.
When you think about an annulment you think about a marriage that was over quickly, however that is not the case. Annulment has no relation to the length of the marriage. Annulment is actually granted based on very specific grounds. These grounds need to be proven in court with evidence. So, whether you were married for one day or one year, you must meet the grounds for annulment to be eligible for annulment in Texas. However, if you and your spouse consummate the marriage and live together for an extended period of time, the likelihood of getting the court to approve your annulment are slim since those things validate your marriage and you will need to file for divorce.
While agreement of the parties is not a requirement to get an annulment in Texas, it is very difficult to get an annulment when the parties do not agree. If it is possible, it is best if you and your spouse are able to reach an agreement before filing for annulment in Texas.
If you decide you want to end your marriage, whether through divorce or annulment, there are requirements that must be met for the court. In Texas, the laws for annulment include grounds for annulment that must be met, residency requirement, etc. The residency requirement for annulment in Texas is that either spouse must live currently in Texas, or the spouses were married in Texas. Once that it has been established that you are able to file in Texas you will need to file in the county where all or a large part of the relevant facts or acts leading took place or where you and your spouse lived when the marriage took place. There is no waiting period once you file for annulment in Texas however the length of the process will depend on how busy the court is at the time you file. The grounds for annulment includes fraud, underage spouse, one spouse is mentally incompetent, etc.
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Start now for just $139If you want to file for annulment in Texas, you need to select the ground for annulment and be able to prove that ground in court with evidence. In Texas there ae very specific grounds for annulment. Those grounds are as follows:
Once the ground for divorce has been discovered by either spouse, the spouses can no longer live together, or you cannot file for annulment and must file for divorce.
The fee for filing for annulment can vary county to county. The fee for annulment with children is around $401 and the fee for annulment without children is around $350 in Texas. If you cannot afford your filing fee you can file a form with the court to ask them to waive your filing fee.
When you want to file for annulment you need to file state approved forms with the court. Texas annulment forms must be completed with all of your information including your ground for annulment. Our site is able to prepare all the Texas annulment forms you need to file including a fee waiver form if you are not able to afford the filing fee.
When you file for annulment in Texas there is not a set waiting period that is required to pass before your annulment is granted. Once you file the Petition to Annul Marriage, the court can grant the annulment. The length of time it takes will just depend on how busy the court is at the time you file.
Although filing annulment declares that your marriage is invalid and never existed, you can still file for annulment if you have children. It is very difficult to qualify for annulment if you have children, however you are able to get an annulment if you are able to meet the grounds requirements. You will need to settle all issues involving the children including support and custody. This is done by filing forms known as Suit Affecting the Parent-Child Relationship. These forms will address visitation, custody, health insurance, medical and child support.
One way to annul your marriage is if one spouse was underage at the time you were married. If one spouse is between 16 and 18 years of age, they need parental consent or a court order to get married. If that does not happen, the court can annul the marriage. The judge will consider the welfare of the spouses including if the wife is pregnant when making their decision. The petition for annulment can be filed by:
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