Houston Annulment Lawyers

Comprehensive Annulment Guidance in Harris County, Texas 

While a divorce dissolves a legal marriage contract, an annulment nullifies a marriage contract that was never valid. Most marriages require a divorce if the couple decides to separate. However, select marriages were never legal or valid to begin with and may qualify for an annulment. 

Are you looking to nullify a marriage that should never have happened? Call the Houston annulment attorneys at Diggs & Sadler today at (713) 766-5355 or contact us online to discuss your situation and determine if you qualify for an annulment in Texas!

Are You Eligible for an Annulment in Texas?

You may have grounds for an annulment in Houston if any of the following occurred during the marriage or were the cause of the marriage:

• Bigamy
• Incest
• Underage marriage
• Intoxication
• Impotence
• Mental incapacity
• Fraud or duress
• Violation of waiting periods

We understand that separation can be a complicated process, especially if your situation was never legally sound. If you believe you have grounds for an annulment, our annulment attorneys in Houston can help you understand your legal options.

Understanding the intricacies of annulment law in Texas is essential. Annulments are governed not only by state statutes but also by precedents set through historical rulings, which can impact individual cases differently. Different grounds for annulment, such as fraud or mental incapacity, come with their unique evidentiary requirements and procedures. It's crucial to have a detailed consultation to explore these nuances with an annulment lawyer.

Void vs. Voidable Marriages in Texas

In Texas, two types of marriages may be declared void: voidable marriages, meaning that a judge can annul these marriages if certain qualifying factors are present, and marriages that are automatically void because they are not legally valid from the beginning.

Void Marriages Under Texas Law

The following types of marriages are void in Texas:

• Bigamous marriages: A marriage is void if one or both parties are already married to someone else at the time of the marriage ceremony. This includes situations where a spouse has yet to obtain a legal divorce or annulment from a previous marriage before entering a new one. (Tex. Fam. Code § 6.202).
• Incestuous marriages: A marriage between relatives is void in Texas. Expressly, marriages between ancestors and descendants, siblings (including half-siblings), stepparents and current or former stepchildren, and aunts/uncles and nieces/nephews are prohibited, including relations by adoption. (Tex. Fam. Code §§ 6.201, 6.206).
• Underage marriages: If one or both parties are under 18 and do not have parental consent or a court order allowing the marriage, the marriage is voidable. However, it's important to note that marriages involving minors with proper consent or court authorization are not automatically void. (Tex. Fam. Code § 6.205).

While these marriages are considered automatically void in Texas law, you can file a petition to declare that the marriage is void to clarify your marital status and ask the judge to issue specific orders. For example, orders regarding child custody, property division, and/or alimony may be sought depending on the facts of your case.

It's essential to differentiate between void and voidable marriages as the legal outcomes differ significantly. A void marriage has no legal standing and does not require a legal process to dissolve. However, voidable marriages exist legitimately until annulled by the court following a petition by one of the parties. Understanding these differences can influence your legal strategy and decisions.

Voidable Marriages in Texas 

Marriages that are voidable in Texas include those that involve:

• Mental incapacity: If one party lacks the mental capacity to consent to the marriage, such as due to severe mental illness or incapacity, the marriage may be voidable. (Tex. Fam. Code § 6.108).
• Marriage within 72 hours of license issuance: If a marriage occurs within 72 hours of the issuance of the marriage license, and the parties fail to obtain a waiver of the waiting period, the marriage is voidable. However, a marriage cannot be annulled after 30 days. (Tex. Fam. Code § 6.110).
• Concealed divorce: If one party was divorced within 30 days before the marriage and concealed the divorce from the other party, the marriage may be annulled. (Tex. Fam. Code § 6.109).
• Fraud, coercion, or force: If one party entered into the marriage as a result of fraud, coercion, or force, the marriage may be annulled. This could include situations where one party was deceived about the nature of the marriage or coerced into marrying against their will. (Tex. Fam. Code § 6.107).
• Impotence: If one spouse is permanently impotent and the other spouse did not know about the impotence before the marriage, the marriage may be annulled. (Tex. Fam. Code § 6.106).
• Intoxication: If one party was intoxicated, either due to alcohol or narcotics, to the point of being unable to understand the nature of the marriage ceremony or unable to consent to the marriage, the marriage may be voidable and subject to annulment. (Tex. Fam. Code § 6.105).

If you believe your marriage falls into one of these categories, it's advisable to seek legal advice from a qualified annulment attorney in Houston to understand your rights and options.

The process to annul a voidable marriage involves presenting evidence to the court that supports the claim for annulment under specific grounds. Events such as fraud or coercion must be substantiated with testimony or documentation. Furthermore, there are often emotional and financial considerations to navigate, requiring careful planning and support from legal professionals.

What Are the Benefits of Annulment?

While annulment and divorce are legal processes that end a marriage, annulment offers unique benefits that may appeal to individuals seeking to dissolve their marriage. Unlike divorce, which acknowledges the existence of a valid marriage being terminated, annulment declares that the marriage was never valid in the first place.

Some potential benefits of annulment include:

• Legal recognition that the marriage was never valid
• Avoiding the stigma of divorce in some communities
• Religious or cultural considerations
• Clearing the way for a fresh start without the legal ties of marriage

Our team of experienced annulment lawyers in Houston can guide you on whether an annulment may be a viable option for your situation and help you navigate the legal process with care and expertise.

Additionally, annulments can have significant implications for property and financial settlements. Since the marriage is considered never to have existed, there is typically no division of property acquired during the marriage unless otherwise provided in agreements between the parties. Those seeking an annulment often appreciate the cleaner break and simpler legal process relative to a divorce, which can involve more complex negotiations and settlements.

How to Begin the Annulment Process with an Attorney in Houston

Initiating the annulment process in Houston requires several steps designed to ensure that all legal avenues are appropriately followed. The first step is to consult with an annulment lawyer who is familiar with Texas family law and can provide tailored advice based on the specifics of your marriage. A lawyer can help assess whether your marriage meets the criteria for annulment and guide you through the preparation of necessary legal documents.

Once the decision to pursue an annulment is made, the next step is to file a Petition for Annulment with the appropriate family court in Harris County. This petition must outline the reasons why the annulment is sought, referencing the specific legal grounds under Texas law. Serving this petition to your spouse is required, providing them the opportunity to respond or contest the annulment in court. During this process, legal representation can be invaluable in navigating negotiations and court proceedings, ensuring your rights and interests are upheld.

Impact of Annulment on Children & Assets

Annulments in Texas can also significantly impact any children born during the marriage and the division of assets. Legally, children born in a marriage that is later annulled are considered legitimate in Texas. This status ensures that the children have the same rights as those born to legally married parents, including inheritance rights and access to benefits.

In terms of asset division, the annulment process differs significantly from divorce proceedings. Because an annulment considers the marriage void from inception, assets acquired during the union are treated differently. However, the court may issue specific orders regarding property division similar to a divorce if deemed necessary for fairness. It is crucial to understand these implications fully, which is where the experience and assistance of an annulment lawyer near you in Houston becomes beneficial. They can offer guidance on protecting your financial interests and ensuring the well-being of your family through an annulment.

Our experienced Houston annulment lawyers are here to help if you believe you qualify for an annulment. Contact Diggs & Sadler online or call (713) 766-5355 today to schedule a confidential consultation!  

FAQs on Annulments by Houston Annulment Lawyers

What Is the Time Frame for Obtaining an Annulment in Houston?

The time frame for obtaining an annulment in Houston can vary depending on the case's complexity and the court's schedule. Typically, simpler annulment cases may be resolved within a few months, especially if both parties agree to the annulment's terms. However, if the annulment is contested or involves complex issues such as asset division or fraud allegations, the process can take significantly longer. Engaging a knowledgeable annulment attorney in Houston can help streamline the process, as they can efficiently manage documentation and court filings while addressing any arising disputes.

Can I Annul a Marriage for Religious Reasons in Houston?

While Texas law governs the legal process of annulment, some individuals may seek annulments for religious reasons to meet their faith's requirements. It's important to note that a legal annulment does not necessarily equate to a religious one. For those seeking an annulment on both legal and religious grounds, it is crucial to contact your religious institution to understand their specific annulment requirements and procedures. In some cases, religious annulments are necessary to maintain good standing with a particular faith, and the requirements can vary significantly from one denomination to another.

What Happens if My Annulment is Denied?

Courts may deny an annulment if the petitioner fails to prove the grounds necessary under Texas law. If an annulment request is denied, the marriage is legally recognized, and the couple remains married unless they pursue a divorce. If seeking an annulment is important for personal or religious reasons, consulting with an attorney early in the process can help identify potential obstacles and strengthen the argument for annulment. An attorney can guide on gathering evidence and addressing aspects that might be hindering the annulment's success.

Is There a Statute of Limitations on Annulments in Texas?

There are certain time constraints in which an annulment must be filed depending on the grounds for annulment in Texas. For example, if the annulment is based on the fact that one spouse was underage, it must be filed before the underage spouse reaches 18. Similarly, fraud cases need to be filed within a reasonable period after the fraud is discovered. Understanding the timeline applicable to your situation is crucial to avoid delays that could affect eligibility for annulment.

Does Annulment Affect Child Custody?

Annulment can impact child custody arrangements similar to divorce proceedings. Texas law prioritizes the best interests of the child, and courts will often put temporary or permanent custody orders in place during annulment proceedings. Despite the annulment, both parents maintain legal responsibilities towards their children. An experienced annulment lawyer in Houston can provide guidance and represent your interests when determining beneficial custody arrangements.

Contact Our Houston Annulment Attorneys Today

The Houston annulment lawyers at Diggs & Sadler understand that you are likely in a complex and delicate situation. With the help of our legal team, however, you will not be alone in seeking an annulment.

Our experienced Houston annulment lawyers are here to help if you believe you qualify for an annulment. Contact Diggs & Sadler today to schedule a confidential consultation!