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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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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- Miriam M.
Thank you Mr.Hart for your help. He and his team had great communication. Answered all questions I had and at the end, I was very pleased with my result in my case. I definitely Recommend you use this Law firm.
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STOP SEARCHING! Hire Coker, Robb & Cannon! Words will never express how I feel about all of the hard work they put in for me & my daughter. Sheba, Shelby, Rachel, & Kelly were PERFECT. In time I may find the words that convey to everyone how truly great this team is, but for now I will simply say if you need family law attorneys, HIRE THEM NOW!- Joshua N.
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He was kind, compassionate and listened to my needs and concerns. He efficiently handled and executed what needed to be done in a timely fashion! Shelby and his staff are amazing!- Michele
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Found Tyler Livingston to be very helpful, knowledgeable and friendly. He made our experience extremely easy and pleasurable. We are grateful for all of his help and recommend him highly!- Betsi S.
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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!- Piper S.
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I can't say enough good things about Shelby. He is thorough, bright, diligent, and all-around excellent at what he does. Not only is he extremely knowledgeable in his field, but he is also kind and sympathetic. He listened to my concerns and hopes for the future while also considering the facts and fighting hard with my best interest in mind. I appreciated that he even followed-up with me after everything was said and done just to make sure I was settling in to my new normal. I will recommend Shelby to anyone who may find themselves in this tough position. He helped me every step of the way.- Tessa D.
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Kelly Robb was great to work with. She communicated effectively and ensured that I understood every step in the process and how decisions would impact the outcome. She help make a very stressful process go smoothly and conducted herself with compassion and integrity.- Nicole
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First off I must say that this law firm saved me at least six months of a headache and so much money in the end. Tyler Livingston was such a pivotal part in helping me sell my deceased mother's property. We had to probate a will within a three week period and he put in the extra time and effort to ensure the success of our trial. The professionalism, the care and concern, not to mention the wanting to help someone with their family problems. If I ever have another family concern or worry I know the first person I am going to call. I cannot thank him enough for what he has done to help.- Blake E.
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?
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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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