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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- Jimmy V.
They made my divorce easy even in a difficult situation. I was stressed but they handled everything professionally and fast. I’m so grateful to the team. If you need a simple divorce they are the perfect choice.
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“So patient and professional during an extremely stressful time”- Stephanie
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I will never be able to put into words how Thankful I am for my Attorney Malorie Crosley and Paralegal Toya Brown. They have been there for me every step of the way during this difficult time. Whenever I had a question they ALWAYS responded in a timely matter. If you are looking for a professional team of ladies to have your back look no further! If I could give a million 5 star reviews I would!- Patrice C.
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This was not the first time that I worked with Coker, Robb & Cannon, but it was my first time to work with Anthony (TJ). He took my case very seriously. He researched all of my previous files and took into consideration everything that had happened since my case had previously been mediated. TJ was always quick to respond and he kept the process moving in a positive direction to work things out for the best interest of me and my children. I am thankful for his help and Holly Keen's help. I will continue to use them as I need to and will refer any/all of my family and friends to this firm, particularly TJ for any help that they need.- Kevin
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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!- Kelly
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I have used Duane Coker for several legal issues over the past seven years. Each time he was always honest with his advice and very aggressive in pursuing my best interest in the situation. I would highly recommend him to anyone.- Ted
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Ashley was very courteous and professional handling my case & I would recommend this law firm to my family or friends.- Larry
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My ex and I agreed on everything but we didn't know how to fill out all the paper work. Simple Texas Divorce .com was the perfect way to go. Quick and affordable. The staff was pleasant to work with and professional. They took something that was already painful and made the experience a little more pleasant. Highly recommend them.- Julia
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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