Annulment Attorneys in Denton County, Collin County, & Tarrant County
Seeking an Annulment? We Can Provide Step-by-Step Counsel.
Divorce may not always be your best option. Some married couples who are seeking to separate find that an annulment is a more effective and beneficial solution. Our experienced and dedicated annulment attorneys at Coker, Robb & Cannon, Family Lawyers can discuss your situation and help you determine the right path for you. With more than 110 years of collective experience, we have a comprehensive understanding of family law and can help you find a favorable resolution.
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Texas Annulment vs. Divorce
While a divorce dissipates and ends a marriage, an annulment treats the marriage as though it never existed and legally declares it void. While there are many reasons that a couple might pursue an annulment over a divorce, there are specific grounds that must be met in order for an annulment to be granted under Texas annulment laws.
How to Get an Annulment in Texas
In order to actually get an annulment in Texas, you will need to file a petition with the court titled "A Suit to Declare Void the Marriage." In Texas, the other spouse can either agree with the annulment or insist on a jury trial. Similar to dissolution of marriage, an annulment will require you to specify how mutual property will be divided and who will have parenting rights over the children, if you have kids together.
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Lauren was extremely attentive and helpful. She helped make a difficult situation for me go smooth and I never worried for a minute that everything would be taken care of. I highly recommend Lauren and her team!- Melanie
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My ex and I agreed on everything but we didn't know how to fill out all the paper work. Simple Texas Divorce .com was the perfect way to go. Quick and affordable. The staff was pleasant to work with and professional. They took something that was already painful and made the experience a little more pleasant. Highly recommend them.- Julia
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“It is with enthusiasm that I recommend Shelby Hart for any family law situation you may have.”- Lindsay
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Found Tyler Livingston to be very helpful, knowledgeable and friendly. He made our experience extremely easy and pleasurable. We are grateful for all of his help and recommend him highly!- Betsi S.
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“I am so thankful to her for doing above and beyond.”- Anonymous
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Kelly Robb was great to work with. She communicated effectively and ensured that I understood every step in the process and how decisions would impact the outcome. She help make a very stressful process go smoothly and conducted herself with compassion and integrity.- Nicole
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Thank you Lauren and team for the professionalism, diligence, and promptness with handling my divorce. Made a tough process much easier.- Alex
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I recently went through a divorce and Shelby was fantastic throughout the entire process. He helped to make it as smooth and efficient as possible. His entire team was also helpful whenever needed. I can't thank them enough for helping during that period of time.- Adam
Grounds for Annulment in Texas
There are two types of grounds for annulment in Texas. There are “void” and “voidable” marriages. An individual may have grounds for annulment based on a void marriage if he or she is already married to someone else, for instance. Another example would be if the person has married a close blood relative. Voidable annulment grounds, on the other hand, encompass several scenarios.
Texas annulment requirements are very specific. Grounds for annulment in Texas include:
- Marriage Less than 72 Hours After Issuance of License – A Court can grant an annulment if the marriage took place within 72 hours after issuance of the license and the suit is brought within 30 days of the date of marriage.
- Marriage of a Person Under 18 – A parent, managing conservator, guardian, or “next friend” can file for an annulment of a marriage of a person 16 years of age or older, but under 18 years of age that occurred without parental consent or Court order. This suit must be filed before the child turns 18 and, if filed by a “next friend,” it must be filed within 90 days of the marriage. Annulment under these circumstances is within the discretion of the Court, meaning that the Court does not have to do it.
- Marriage While Under Influence of Alcohol or Narcotics – A Court may annul a marriage if, at the time of the marriage, the person requesting the annulment was under the influence of alcohol or narcotics and, as a result, did not have the capacity to consent to the marriage.
- Mental Incapacity – A Court may grant an annulment if either party to a marriage, at the time of the marriage, did not have the mental capacity to consent to the marriage or understand the nature of the marriage because of mental disease or defect.
- Impotency – A Court may grant an annulment if either party, for physical or mental reasons, was permanently impotent at the time of marriage AND the person asking for the annulment didn’t know of the impotency at the time of marriage.
- Concealed Divorce – A Court may grant an annulment if one party finalized a divorce within 30 days before the marriage and the petitioner was unaware at the time of entering the marriage.
- Marriage by Fraud or Force – A Court can grant an annulment if either party used fraud or force on the other to enter the marriage.
Benefits of Annulment in Texas
Whether your marriage ends through annulment or divorce doesn’t change the need for a settlement. But the significant legal difference between the two paths can show in how the settlements are negotiated. Perhaps no difference is bigger than in the division of property.
In an annulment, equitable distribution does not apply. The court, to the greatest extent possible, simply returns property to whomever brought it into the marriage. Unlike a divorce, where the objective is to equitably end a marriage, the annulment’s objective is to recognize that the marriage should never have been in the first place. The same logic also makes it less likely that the financially advantaged spouse will have to make alimony payments.
The same principles apply for marital debt. If, for example, your spouse brought more credit card debt into the marriage, they will have that returned to them in an annulment. In a divorce, it might get split evenly.
An annulment can invalidate a prenuptial agreement. The very premise of the prenuptial agreement is that a valid marriage is taking place. If that premise is not true, the agreement that sprung from it can be thrown out.
If you are the spouse who brought more property and/or less debt into the marriage, the final terms of an annulment can be favorable to you.
Why Choose Coker, Robb & Cannon, Family Lawyers?
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Get Started with One of Our Four Board Certified Family Lawyers
Coker, Robb & Cannon, Family Lawyers has the experience, knowledge, and understanding of annulment laws to help you pursue a resolution. Our Denton, Collin, and Tarrant County family attorneys can take the time to address your concerns and help you determine the best option to meet your needs.
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