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Houston Heights Annulment Attorney
Experienced Houston Heights Attorneys – (713) 999-6016
At the Law Office of Bryan Fagan, PLLC, our compassionate Houston Heights annulment lawyer have represented hundreds of clients in divorce and family law issues. If you are seeking an annulment in Houston Heights, our attorneys will assess your situation, determine your eligibility, provide guidance on annulment in Texas requirements, and lead 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 as if 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 Regarding Texas Annulment
- How An Annulment is Different Than a Divorce in Texas
Eligibility for an Annulment
Annulment is not available for everyone. The court grants annulments for marriages that Texas law deems void or voidable. Void marriages are those that are deemed illegal in the first place, including 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, including relationships such as brother and sister (by half-blood, whole-blood, or adoption), aunt and nephew, uncle and niece, and 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, such as marriage under intoxication, deception, or compulsion. Additionally, 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, in order to pursue an annulment. Either spouse may typically file an annulment lawsuit in the county where they 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 Houston Heights
The Law Office of Bryan Fagan, PLLC provides personalized attention to each client, understanding the stress they may be experiencing. If you seek to understand your options regarding annulment, our Houston Heights lawyers will answer your questions and assist you with the necessary documents. With years of experience, we commit to protecting your interests throughout the process.
Contact us today to discuss your situation with a member of our team.
