Many people ask for an annulment because the marriage was short or because they want it erased rather than ended. In Texas, though, the length of the marriage doesn't decide whether you can get an annulment. What matters is whether one of a specific set of legal grounds applies.
Most people who want out of a marriage, even a very short one, end up getting a divorce. But annulment is a real option in the right situation, and it's worth knowing the difference.
Annulment vs. divorce
A divorce ends a valid marriage. An annulment is a court declaration that the marriage was defective from the start. A third category, a void marriage, was never legally valid at all, and a court can declare it void.
| Divorce | Annulment | Void marriage | |
|---|---|---|---|
| Was the marriage valid? | Yes | Voidable: valid until annulled | Never valid |
| Grounds needed | No-fault insupportability is enough | Specific statutory grounds | Specific statutory grounds |
| Deadlines | None to file | Some grounds have short deadlines | Generally none |
| Can cohabitation cure it? | N/A | Often, yes | Sometimes (e.g., bigamy after prior divorce) |
Because divorce in Texas is available on a no-fault basis, divorce is usually simpler to prove. Annulment requires evidence of a specific defect.
Grounds for annulment in Texas
A Texas court may annul a marriage on grounds including the following. Most share a common rule: the person asking for the annulment must not have voluntarily lived with the other spouse after learning of the problem (or after the problem ended).
Underage marriage
Texas generally requires both parties to be at least 18, unless a minor has been emancipated. A marriage involving an underage party may be annulled, though there are limits on who can file and when.
Under the influence of alcohol or drugs
The person seeking annulment was so affected by alcohol or narcotics at the time of the wedding that they lacked the capacity to consent, and they haven't voluntarily lived with the other spouse since the effects wore off.
Impotency
One spouse was permanently impotent at the time of the marriage, the other spouse didn't know, and the petitioner hasn't voluntarily cohabited with them since learning of it.
Fraud, duress or force
The other spouse used fraud, duress or force to get the petitioner to marry, and the petitioner hasn't voluntarily lived with them since learning of the fraud or being freed from the duress or force. Fraud has to go to something important in the decision to marry. Ordinary exaggerations during dating usually don't qualify.
Mental incapacity
At the time of the marriage, one spouse lacked the mental capacity to consent or to understand the nature of the ceremony, and the petitioner hasn't voluntarily cohabited since learning of it (or since regaining capacity, if it was the petitioner who lacked it).
Concealed recent divorce
The other spouse had been divorced from someone else within 30 days before the wedding and hid it, the petitioner didn't know and reasonably couldn't have found out, and there's been no voluntary cohabitation since the petitioner learned of it. This ground has a short deadline, generally within about a year of the marriage.
Married less than 72 hours after the license was issued
Texas generally requires a 72-hour wait between getting a marriage license and the ceremony, with some exceptions (such as for active-duty military or a waiver). If the wedding happened too soon, a spouse may seek an annulment, but the suit must be filed within 30 days after the marriage.
The cohabitation rule is the trap in many annulment cases. If you learned about the problem and kept living with your spouse as a married couple, you may have lost the annulment ground, even if divorce is still available.
Void marriages
Some marriages are void from the beginning. The two main examples are:
- Bigamy. If either spouse was still legally married to someone else, the new marriage is void. If the earlier marriage later ends and the couple keeps living together and holding themselves out as married, the second marriage may become valid from that point.
- Consanguinity. Marriages between certain close relatives, by blood or adoption, are void. Texas also voids some marriages between step-relatives.
Bigamy issues come up more often than people think, especially when a prior informal (common-law) marriage was never formally ended by divorce. See common-law marriage in Texas.
The annulment process
An annulment case looks a lot like a divorce case. The petitioner files a petition in district court, the other spouse is served or waives service and the court holds a hearing where the petitioner proves the ground for annulment. Residency rules for annulment are different from divorce; generally, the marriage must have taken place in Texas or one of the spouses must live here.
If your spouse disputes the annulment ground, the case can become contested. Many petitions ask in the alternative for either an annulment or a divorce, so the court can grant a divorce if the annulment ground isn't proven. In Seguin and the rest of Guadalupe County, these cases are filed with the Guadalupe County District Clerk.
Property after an annulment
Annulment doesn't mean property questions disappear. Texas courts dividing property in an annulment generally follow the same "just and right" approach used in divorce. With a void marriage, a spouse who believed in good faith that the marriage was valid (a "putative spouse") may still be entitled to a share of property acquired during the relationship. See separate vs. community property in Texas.
Children of an annulled or void marriage
Children are protected regardless of how the marriage ends. A man married to (or who attempted to marry) the mother when a child was born can still be the presumed father, and the court can make orders for custody, possession and child support just as in a divorce. See our pages on child custody and child support.
Civil vs. religious annulment
A court annulment is separate from a religious annulment. Some faiths have their own processes for declaring a marriage invalid. A religious annulment doesn't end a marriage legally, and a court annulment doesn't decide anything in the eyes of a church.
Getting help
Whether an annulment or a divorce is the better path depends on your facts and timing. Attorney Jesus R. Lopez helps people in Seguin and throughout Guadalupe County evaluate their options. Free consultations are available in English or Spanish.
Frequently asked questions
Can I get an annulment because the marriage was short?
Not by itself. You need a specific legal ground, such as fraud, intoxication or marrying within 72 hours of getting the license. Otherwise, divorce is the route.
Is there a deadline to file for annulment?
Some grounds have short deadlines, like 30 days after the marriage for the 72-hour rule. Others are lost if you keep living together after learning of the problem.
What makes a marriage void in Texas?
The main examples are bigamy, where one spouse was already married, and marriages between closely related people.
Is an annulment faster than a divorce?
Not necessarily. Divorce's 60-day waiting period doesn't apply to annulment, but you still have to file, serve and prove a specific ground, and a contested annulment can take longer than an uncontested divorce.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.