Annulment

Annulment is a type of dissolution of marriage, different from divorce, in which a marriage, thought to be valid, becomes invalid based on specific reasons in which the marriage was prohibited or the circumstances surrounding the marriage weren’t bona fide. Annulments have to meet certain requirements to be court-certified, so it can be difficult to prove certain circumstances without a legal counsel by your side. If you want to get started on the annulment process, seek an attorney who handles annulment cases for more help.

Annulment Attorney in Cameron County, Texas

If want to get an annulment but have no idea how to go about doing so, do not despair, we are here to help you. There are various reasons why you may want to annul your marriage, and we can help you verify if it’s possible and the process for getting it done. At The Gracia Law Firm, we will do everything in our power to get the most favorable outcome for your annulment case.

Getting an annulment is usually hard to achieve, but if you have grounds to do so, we are committed to building a strong case in your favor during court. Additionally, If you find your marriage is illegal, you should take action immediately as it can actually lead to further consequences later on. 

Contact us for a free, confidential consultation at (956) 504-2211. Our attorneys at The Gracia Law Firm work with clients in Brownsville, and the counties of Cameron, Willacy, and Hidalgo.


Overview of Annulment


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Grounds for Filing Annulment

The reasons why someone may want to get an annulment can be plenty, however only certain circumstances can meet the annulment category, otherwise spouses have to go through another method of dissolution of marriage such as a divorce. Texas laws allows consideration for annulment under the following circumstances:

  • Underaged Marriage – An individual over the age of 16 but younger than 18 years old marries without parental consent or a court order.
  • Under the Influence of alcohol or narcotics – An individual seeking for an annulment was under the influence of alcohol or narcotics at the time of the marriage, and the marriage was not consensual.
  • Fraud, duress, or force – The other party in the marriage used fraud, duress, or force to make the person seeking for annulment get married.
  • Impotency – An individual was permanently physically or mentally impotent before the marriage took place. The person seeking an annulment did not know about the impotency.
  • Mental Incapacity – The person filing for an annulment did not have the mental capacity to give consent to the marriage or understand the marriage ceremony because of a mental disease or defect.
  • Concealed Divorce – The other party has recently been divorced from a third party within the last 30 days of the date of the marriage. Additionally, the person seeking an annulment did not know about the divorce previous to the marriage.
  • Marriage Issuance – The marriage took place within the 72-hour period of the couple receiving their marriage license.

Void marriages are similar to annulments, in that in the end, they both will be ultimately declared as invalid. However, voided marriages are marriages that were prohibited since the beginning by the state of Texas and should have never been done in the first place. Such examples include the following:

  • Existing prior marriage – The marriage takes place when either party has an existing previous marriage that has not been legally dissolved or terminated by death of the other spouse.
  • Incense – one of the parties is related to the other parties as ancestors, siblings, parent’s sibling, or a child of a sibling, either through whole blood, half blood, or by adoption.
  • Stepchild/stepparent – Either party is a current or former stepchild or stepparent to the other individual.

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Laws Ruling Annulment in Texas

To get an annulment in Texas, you have to meet specific requirements guidelines. At least one of the spouses has to reside in Texas, or the marriage must have taken place inside the state. There are permanent consequences to applying for annulment in Texas. If a marriage is annulled or voided, it will be permanent, and the decision cannot be retracked. 

In cases of an underage marriage, an annulment has to be filed within 90 days of finding about underaged marriage, however, a marriage annulment filed under this underaged category cannot be filed by a parent, custodian, or legal guardian of the party after the individual has turned 18 years old.


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Additional Resources

Annulment Statistics | Center for Disease Control and Prevention – Research the Center for Disease Control and Prevention (CDC) page to get the statistics on number of annulments inside the U.S. during recent years.

Texas Statutes | Annulments - Visit the page of the Texas Family Code to read the specific laws involving annulments. Chapter 6 of the Family Code is the main section covering annulments in Texas.


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Attorney for Annulment in Brownsville, Texas

If you think you have a good cause for filing for annulment of your marriage, then call one of our attorneys at The Gracia Law Firm. Our attorneys can analyze your case to see if you have legal grounds to file for annulment in the state of Texas.

Though annulments are hard to achieve, if you have a good cause of annulment, we will build a strong case in your favor and won’t stop until we receive the most favorable outcome. 

Contact us at The Gracia Law Firm for a free, confidential consultation. Our attorneys work with residents throughout the area of Brownsville, and the counties of Willacy, Hidalgo, and Cameron.

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