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Annulments

Annulment Attorneys in Denton County, Collin County, & Tarrant County

Seeking an Annulment? We Can Provide Step-by-Step Counsel.

Divorce may not always be your best option. Some married couples who are seeking to separate find that an annulment is a more effective and beneficial solution. Our experienced and dedicated annulment attorneys at Coker, Robb & Cannon, Family Lawyers can discuss your situation and help you determine the right path for you. With more than 110 years of collective experience, we have a comprehensive understanding of family law and can help you find a favorable resolution. 

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We have helped families just like yours through all types of divorce and family law-related matters. Find out how one of our Board-Certified Family Law Specialists can help you.

Texas Annulment vs. Divorce

While a divorce dissipates and ends a marriage, an annulment treats the marriage as though it never existed and legally declares it void. While there are many reasons that a couple might pursue an annulment over a divorce, there are specific grounds that must be met in order for an annulment to be granted under Texas annulment laws.

How to Get an Annulment in Texas

In order to actually get an annulment in Texas, you will need to file a petition with the court titled "A Suit to Declare Void the Marriage." In Texas, the other spouse can either agree with the annulment or insist on a jury trial. Similar to dissolution of marriage, an annulment will require you to specify how mutual property will be divided and who will have parenting rights over the children, if you have kids together.

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    I have only been through a divorce once in my life and I thought I would hire a "big name" lawfirm in Dallas to handle my case. Well long story short, all the "big name" lawfirm did was rake me over the coals for money then dropped me like a bad habit after they sucked me dry! I immediately started looking for another lawyer locally in the Denton area and was referred to Duane Coker. I was reffered to Duane by another lawyer that doesn't specialize in divore or family law and was told he would treat me right. Well they were right! He made me feel very comfortable and told the the honest truth about things. He saw what my previous lawyer did to me and what my wife's attorney was doing to me. I am so glad he took my case and got my divorce finalized! He was very up front with things and kept me in loop on everything. The only regret I have is I should have used Duane from the begining! It would of had saved me thousands of dollars and a lot less headaches. I can't say enough good things about Duane and his staff. What a "true" lifesaver they were to me!
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    I was more than taken care of by this law firm. My attorney Shelby Hart believed in my case since day one. My situation was far from easy, I was trying to move out of state with my son to start a family with my husband. His father wanted to restrict me to the county I currently lived it. I was turned away by another attorney because she said there was no way I had a chance. But when I called Shelby he was nothing but uplifting, positive, and honest about the risk and chances but was reassuring of my chance and possibilities. He never gave up and found all kinds of ways to make this happen for me. He was always keeping me informed and allowed me to make any and all final decisions. Ashley Leverett, his parallel was always so helpful and on top of everything. She was also very sympathetic with me and gave good advice as well has helped me along the way with getting all my documents together. Even down to billing and payments, Georgia was always pleasant to work with on arranging and making my payments as well as answering any questions I had. Shelby, Ashley, and I won the case and I am completely moved in with my husband, son and newest member on the way! We are so happy and grateful for all the help we got at Coker!
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Grounds for Annulment in Texas

 

There are two types of grounds for annulment in Texas. There are “void” and “voidable” marriages. An individual may have grounds for annulment based on a void marriage if he or she is already married to someone else, for instance. Another example would be if the person has married a close blood relative. Voidable annulment grounds, on the other hand, encompass several scenarios.

Texas annulment requirements are very specific. Grounds for annulment in Texas include:

  • Marriage Less than 72 Hours After Issuance of License – A Court can grant an annulment if the marriage took place within 72 hours after issuance of the license and the suit is brought within 30 days of the date of marriage.
  • Marriage of a Person Under 18 – A parent, managing conservator, guardian, or “next friend” can file for an annulment of a marriage of a person 16 years of age or older, but under 18 years of age that occurred without parental consent or Court order. This suit must be filed before the child turns 18 and, if filed by a “next friend,” it must be filed within 90 days of the marriage. Annulment under these circumstances is within the discretion of the Court, meaning that the Court does not have to do it.
  • Marriage While Under Influence of Alcohol or Narcotics – A Court may annul a marriage if, at the time of the marriage, the person requesting the annulment was under the influence of alcohol or narcotics and, as a result, did not have the capacity to consent to the marriage.
  • Mental Incapacity – A Court may grant an annulment if either party to a marriage, at the time of the marriage, did not have the mental capacity to consent to the marriage or understand the nature of the marriage because of mental disease or defect.
  • Impotency – A Court may grant an annulment if either party, for physical or mental reasons, was permanently impotent at the time of marriage AND the person asking for the annulment didn’t know of the impotency at the time of marriage.
  • Concealed Divorce – A Court may grant an annulment if one party finalized a divorce within 30 days before the marriage and the petitioner was unaware at the time of entering the marriage.
  • Marriage by Fraud or Force – A Court can grant an annulment if either party used fraud or force on the other to enter the marriage.

Benefits of Annulment in Texas

Whether your marriage ends through annulment or divorce doesn’t change the need for a settlement. But the significant legal difference between the two paths can show in how the settlements are negotiated. Perhaps no difference is bigger than in the division of property.

In an annulment, equitable distribution does not apply. The court, to the greatest extent possible, simply returns property to whomever brought it into the marriage. Unlike a divorce, where the objective is to equitably end a marriage, the annulment’s objective is to recognize that the marriage should never have been in the first place. The same logic also makes it less likely that the financially advantaged spouse will have to make alimony payments.
 

The same principles apply for marital debt. If, for example, your spouse brought more credit card debt into the marriage, they will have that returned to them in an annulment. In a divorce, it might get split evenly.
 

An annulment can invalidate a prenuptial agreement. The very premise of the prenuptial agreement is that a valid marriage is taking place. If that premise is not true, the agreement that sprung from it can be thrown out.

If you are the spouse who brought more property and/or less debt into the marriage, the final terms of an annulment can be favorable to you.

Why Choose Coker, Robb & Cannon, Family Lawyers?

  • Video Consultations & Meetings Available
  • Voted Best Family Law Firm & Best Law Firm in Denton County
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Get Started with One of Our Four Board Certified Family Lawyers

Coker, Robb & Cannon, Family Lawyers has the experience, knowledge, and understanding of annulment laws to help you pursue a resolution. Our Denton, Collin, and Tarrant County family attorneys can take the time to address your concerns and help you determine the best option to meet your needs.

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