Understanding Marriage Annulment in Texas

A Texas annulment declares that a marriage was never valid from the beginning. From a legal standpoint, an annulled marriage is treated as if it never existed, even though a ceremony took place. In contrast, a divorce dissolves a valid marriage.

In Texas, annulments are less common than divorces because they require specific grounds. These specific legal grounds are outlined in the Texas Family Code Chapter 6, Subchapter B ("Suit for Annulment") and include underage marriage without parental consent, getting married due to fraud, duress, or force, mental incapacity, intoxication during the ceremony, concealed divorce, impotence, and quick remarriages (within 30 days) after divorce. If the court grants an annulment, the marriage between the former couple ceases to exist; they become legally single and may remarry.

Grounds for Annulment in Texas

In Texas, some common grounds for annulment include the following situations:

• A spouse was under 18 when they married.
• A spouse was intoxicated from alcohol or drugs when they married.
• A spouse is forever impotent.
• A spouse was only married due to fraud, duress, or force.
• A spouse lacked the mental competence to agree to marry.
• A spouse hid the fact that they had been divorced previously.
• The marriage took place within 72 hours of the spouses obtaining the marriage license.

In Texas, the court may grant an annulment based on the reasons stated above, otherwise referred to as a voidable annulment. In comparison, a void marriage was never legitimate under Texas law from the beginning of the union. The state law categorizes void marriages as:

• Marriages involving blood relatives; and
• Marriages in which one of the couple is already married.

Eligibility Requirements for an Annulment in Texas

Under Texas Family Code Chapter 6, Subchapter B, one of the spouses in a marriage may file for an annulment on the grounds of underage marriage, intoxication, fraud, duress, mental incapacity, concealed divorce, impotence, or marrying too soon after a previous divorce.

In a few instances, a parent, managing conservator, guardian, or "next friend" may file on behalf of an underage person. However, such rights are tightly controlled and often expire when the minor turns 18.

In terms of jurisdiction, Texas does not require a minimum residency for annulment. A petitioner may file for an annulment if they were married in the state or if either spouse resides in Texas.

Most annulment grounds in Texas have time limitations that determine eligibility based on timing and post-marriage conduct. For instance, a petitioner is expected to file a suit based on a spouse's very recent previous divorce within one year of the marriage. An annulment petition filed based on marrying within the 72-hour waiting period after the license is expected to be filed within 30 days of the marriage ceremony.

Several grounds for annulment also require that the petitioner not have voluntarily lived with (cohabited with) the other partner after discovering the problem. This applies to discoveries involving fraud, impotence, sobering up from intoxication, or regaining mental capacity.

Annulments in Texas are civil processes granted by courts under the Family Code. Religious annulments issued by churches have no legal effect in civil law. Couples who obtain a religious annulment cannot remarry until a Texas court issues a Decree of Annulment.

How to Get a Marriage Annulled in Texas

The process of getting a marriage annulled in Texas closely resembles that of a divorce. The key difference is establishing that a legal defect existed at the time of the marriage ceremony so that the courts can declare it as invalid from inception.

File a Petition

To begin the process, a petitioner is expected to file an Original Petition to Annul Marriage, detailing the grounds for annulment. If the parties (petitioner and partner) have children, they will also need to file a form for a "Suit Affecting the Parent-Child Relationship". The petition and all other paperwork are expected to be filed in the county where either spouse lives.

Petitioners are advised to contact the local district clerk for information on which courts handle annulment and void marriage court proceedings, filing fees, and any local rules or procedures that may apply.

Check with the local district clerk to find out which courts in the county handle annulments and void marriage proceedings, as well as any local rules and procedures that apply in these cases. Interested parties may access contact details for district and county clerks via the Texas Judicial Directory.

Serve Your Spouse

After filing, the petitioner is required to provide legal notice to their spouse of the annulment petition in accordance with the Texas Rules of Procedure. This may be carried out using a process server, sheriff, or constable. The respondent (spouse) has approximately 20 days to file an answer.

Attend the Hearing

After service of process, the court typically schedules a hearing at which both parties present evidence and arguments in support of their respective positions. Subsequently, the judge evaluates the presented evidence and arguments to determine if the grounds for annulment are genuine.

Finalize the Annulment

If the judge decides that the legal requirements for an annulment have been met, they sign a Decree of Annulment, restoring the couple's status as single. The couple involved in the annulment may obtain certified copies for their records.

Required Forms and Documentation for an Annulment in Texas

As of November 2025, Texas does not have a standard annulment packet. Generally, individuals seeking annulments use the same core family law and civil forms used for divorces to make their case. Some of these forms and documents are listed below:

• Original Petition to Annul Marriage: This document initiates the process.
• Civil Case Information Sheet: This is required for preliminary family filings to classify the case for the clerk and court administration
• Citation/Summons: This document (issued by the clerk) is expected to be served on the respondent (spouse), along with a copy of the petition.
• Waiver of Service (optional): A respondent who agrees with an annulment often signs a Waiver of Service form instead of being formally served.
• Information on Suit Affecting the Family Relationship (SAPCR form): Used in annulments involving children to track conservatorship, possession, and support.
• Affidavits or Declarations: e.g., a sworn statement supporting alternative service, attesting to facts about fraud, duress, or incapacity, or proving residence and jurisdiction.
• Local Standing Orders and Notices: Some counties require a standing order (e.g., on conduct, property, and children while the case is pending) to be attached when filing dissolution cases, including annulments.

Other supporting documents often included in a Texas annulment include a certified marriage license and certificate, proof of underage status or lack of consent, and medical or psychological records, among others.

Where to File for an Annulment in Texas

In Texas, the courts that hear divorces also handle annulments; in most counties, the district court handles family law cases. A petitioner may file for annulment in the county where they got married or where either spouse resides. Since filing fees and specific requirements vary from county to county, petitioners are advised to consult their local district clerk's office for up-to-date information.

After filing a petition for annulment, the petitioner is expected to serve the documents on their spouse using a sheriff or process server. Alternatively, the respondent (spouse) may sign a waiver of service.

Annulment Timelines and Waiting Periods in Texas

Texas law does not have a waiting period for annulment proceedings, unlike divorce. Texas Family Code § 6.702 specifically states that "a waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally".

The duration of an annulment is influenced more by procedural factors and case complexity than by law. For example, an uncontested annulment may be expedited by factors such as clear legal grounds, quick and successful service of process, detailed documentation, and a relatively light court docket. On the other hand, a respondent contesting an annulment or the facts, complicated evidence (e.g., medical records, proof of fraud or intoxication, prior divorce documentation), and the need for discovery, are factors that may slow down the annulment process.

Some annulment grounds have statutory filing deadlines that may affect the timeline for annulments. For example, petitions based on marrying within the 72-hour license waiting period are expected to be filed within 30 days of the wedding, while those based on a concealed recent divorce are expected to be filed within one year. Underage-marriage annulments are typically required to be filed before the minor turns 18 or within a specified period.

Costs and Court Fees for an Annulment in Texas

In Texas, the cost of an annulment typically varies from court to court. Having an uncontested annulment rather than a contested one may also reduce the cost. Most Texas counties charge a base fee ranging from $300 to $400 to file an annulment petition. This figure, however, is an estimate; petitioners are advised to check with their local district clerk for the current amount.

Other costs include charges related to issuing and serving summons, which may range from $50 to $100.

Attorney fees are outside the authority of Texas law; lawyers typically charge by the hour or on a flat rate for family cases, including annulments.

Individuals who are unable to pay court fees may apply for a waiver by filing the Inability to Afford Payment of Court Costs. If approved, the waiver covers filing and summons fees; other costs are not included.

After the Annulment: What Happens Next?

Once the court approves an annulment in Texas, the marriage is declared invalid and no longer exists. Consequently, former couples are restored to their pre-marital status and may remarry. In Texas, children born after an annulled marriage are still considered legitimate. They still enjoy the right to financial support from both parents, ensuring that their well-being is safeguarded.