Skip to content
Braeswood Annulment Attorney
Experienced Braeswood Attorneys – (713) 999-6016
At the Law Office of Bryan Fagan, PLLC, our compassionate lawyers have represented hundreds of clients in divorce, annulment, and various family law issues. If you are seeking an annulment in Braeswood, our attorneys will analyze your situation, determine your eligibility, and guide you through the legal process.
Understanding the Difference Between Divorce & Annulment
While a divorce legally ends a valid marriage, an annulment declares that the marriage was never valid. It essentially voids the marriage and treats it like it never existed. In a divorce, the court decides on issues such as the division of assets and property, child support, and other financial aspects. However, in an annulment, you must file a separate petition to address these issues.
Annulment Essentials for Texas Residents
- Annulment Essentials for Texas Residents
- Frequently Asked Questions About Texas Annulment
- How An Annulment is Different Than a Divorce in Texas
Eligibility for an Annulment
Annulment is not available to everyone. It is granted for marriages that are considered void or voidable. Void marriages are those that are deemed illegal in the first place. They include marriage between close family members, marriage to a spouse who is already married to a third party, marriage to a spouse under the age of 14 (or 18 without a court order or parental consent), marriage within 30 days of a spouse’s previous divorce, and marriage within 72 hours of taking out the marriage license.
Under Texas law, marriage between close relatives is illegal. These relationships involve:
- Brother and sister (by half-blood, whole-blood, or adoption)
- Aunt and nephew
- Uncle and niece
- Ancestor and descendant
Voidable marriages are those that are considered legal but are entered into under conditions that the spouse would not have reasonably agreed to. Examples include marriage under intoxication, deception, or compulsion. Furthermore, if one spouse lacked the mental capacity to agree to the marriage, or was permanently impotent at the time of the marriage, this is also grounds for an annulment.
The Process of Obtaining an Annulment in Texas
According to Texas statutes, at least one spouse must live in the state, or the spouses must have been married in the state, to pursue an annulment. Generally, an annulment lawsuit may be filed in the county where either spouse lived when the marriage took place. If children were born or adopted into the marriage, you will need to file a Suit Affecting the Parent-Child Relationship (SAPCR) in addition to the Original Petition to Annul Marriage form. The court will then determine child visitation, custody, and support.
Knowledgeable Family Law Attorneys in Braeswood, Texas
The Law Office of Bryan Fagan, PLLC, provides personalized attention to each client. We understand the challenges you may be facing during this time. If you want to explore your options regarding annulment, our Braeswood lawyers will answer your questions and assist you with the necessary legal procedures. With years of experience, we are dedicated to protecting your interests throughout the annulment process.
Contact us today to discuss your situation with a member of our team.
