Killeen Annulment Attorneys

Texas grants annulments under specific circumstances, and not simply because a couple has changed their minds about being married.

To secure an annulment, you must meet one of the following conditions:

• One or both parties were younger than 18 at the time of marriage
• One or both parties were under the influence of alcohol or drugs at the time of marriage
• The marriage occurred under fraudulent circumstances, or one of the spouses was coerced into the marriage
• One spouse is permanently impotent, and the other spouse wasn't aware at the time of marriage
• One or both parties lacked the mental capacity to consent to marriage
• One spouse had a divorce finalized within 30 days before the marriage, and the other spouse wasn't aware
• The marriage took place less than 72 hours after the marriage license was issued

To proceed with an annulments, you need to make sure that each step in the process and paperwork is carefully handled. Our family law attorneys, with our compassionate yet tenacious approach, will ensure you are heard, supported, and guided every step of the way. We are committed to providing you with the legal support you need to navigate these challenging times.

Need help with an annulment? Contact us at (254) 220-4225 today to discuss your options with our experienced Killeen annulment attorneys.

Annulment vs. Divorce: Key Differences

Annulment and divorce both end a marriage, but they are very different in how they legally dissolve the relationship.

• Annulment: An annulment declares that the marriage was never valid in the first place. It’s as if the marriage never existed legally.
• Divorce: A divorce dissolves a valid marriage and ends the legal relationship between the spouses. It acknowledges that the marriage was real but no longer continues.

When is annulment more suitable than divorce?

• If one or both spouses were underage at the time of marriage.
• If one spouse was coerced into the marriage under duress.
• In cases where the marriage was entered into under fraudulent circumstances, such as one spouse hiding crucial information (e.g., financial problems, previous marriages).

Annulments are ideal for situations where there was a fundamental legal problem with the marriage, rather than just the desire to end it.

The Annulment Process in Texas

If you are considering filing for an annulment in Texas, understanding the process is crucial.

1. Eligibility: You must meet one of the grounds for annulment in Texas, such as fraud, duress, or being underage.
2. File a Petition: The process begins by filing a petition for annulment with the court. This petition must include the legal grounds for annulment.
3. Provide Evidence: You need to present evidence supporting the annulment grounds. This can include witness testimony, documents, or other proof that the marriage was invalid.
4. Court Hearing: After filing, there will be a hearing where both parties can present their case. The judge will review the evidence and decide whether to grant the annulment.
5. Final Decree: If the annulment is granted, a decree will be issued stating that the marriage is void.

Evidence Needed for Annulment:

• Proof of fraud: Documentation of deceit or hidden facts by the other spouse.
• Underage marriage: Birth certificates or other age verification documents.
• Coercion or duress: Testimonies from witnesses or evidence of threats or pressure to marry.

Common Misconceptions About Annulments

There are several myths surrounding annulments that can cause confusion. Let's clear them up:

• Annulments are easy to obtain: In reality, annulments are more difficult to get than divorces. You must meet specific legal criteria, and the burden of proof is on the person requesting the annulment.
• Annulments are only for religious reasons: While annulments are often discussed in religious contexts, they are also a legal process in the court system. You don’t need a religious reason to seek one.
• Annulments can be requested simply if you don't want to be married anymore: Annulments are reserved for situations where there was a problem with the marriage from the start, not just because one or both spouses have changed their mind.

By understanding these misconceptions, you can make a more informed decision about whether an annulment is the right choice for your situation.

Frequently Asked Questions (FAQs) About Annulments in Texas

• Can I get an annulment if we were married for several years?
  Generally, annulments are most common in short-term marriages. However, if the marriage involved issues such as fraud, coercion, or other legal grounds, even a longer marriage might qualify for annulment. It depends on the specific circumstances.
• What happens to property and debts in an annulment?
  In an annulment, the court may divide property and debts just like in a divorce, but it depends on the grounds for annulment. If the marriage is found to be void, assets may not be treated the same way they would in a divorce. The court may still divide marital property and debts based on the situation.
• How long do I have to file for an annulment in Texas?
  The time frame to file for an annulment in Texas depends on the reason for annulment. For example, if one spouse was underage at the time of marriage, you must file for annulment within 90 days after the spouse turns 18. In cases of fraud or duress, the petition must be filed within a certain period from when the fraud was discovered.
• Can an annulment be contested by my spouse?
  Yes, your spouse can contest the annulment. If your spouse disagrees with the reasons for annulment, they can present evidence to challenge the annulment petition in court. The judge will then make a final decision.
• Will annulment affect my ability to remarry?
  Annulment legally declares that the marriage never existed. This means, in most cases, you are free to remarry immediately after an annulment is granted, assuming you meet all other legal requirements for remarriage.
• Can I get an annulment if I was coerced into the marriage?
  Yes, annulment is a potential remedy if you were coerced into marriage or if one party was forced into it under duress. You would need to provide evidence of coercion or pressure to the court.
• How does annulment affect child custody and support?
  Annulments do not affect your rights regarding child custody or support. If children are involved, the court will address custody and support separately, just as it would in a divorce case.

Have questions about the annulment process? Contact us now at (254) 220-4225 for a consultation with our skilled legal team. We're here to help!