Some people who want out of a marriage ask whether they can get an annulment instead of a divorce. In Texas, an annulment is available only on specific legal grounds, and many short, regretted marriages do not qualify. For New Braunfels and Comal County residents, the answer often depends on what happened before or at the time of the wedding, how soon you acted, and whether you continued living together afterward. Our family law attorneys can help you figure out whether annulment, a declaration that the marriage is void, or a divorce is the right route.
Annulment vs. Divorce vs. Void Marriage
| Divorce | Annulment (voidable marriage) | Void marriage | |
|---|---|---|---|
| Was the marriage valid? | Yes | Valid until annulled | Never valid |
| Basis | Insupportability or a fault ground | Specific statutory ground | Specific statutory prohibition |
| Can it be lost by conduct? | Not applicable | Often, yes, by continuing to live together | Generally no |
| Children | Conservatorship and support addressed | Same | Same |
The Texas rules appear in Family Code chapter 6, subchapter B (voidable marriages that may be annulled) and subchapter C (void marriages).
Grounds for Annulment in Texas
Each ground has its own conditions. In general terms, a court may annul a marriage when:
- Underage marriage. A party was under 18 and the marriage was not properly authorized. The rules for who may bring this claim, and when, are specific.
- Intoxication. A party was under the influence of alcohol or narcotics at the time of the marriage and lacked the capacity to consent, and has not voluntarily lived with the other spouse since the effects wore off.
- Impotency. A party was permanently impotent at the time of marriage, the other spouse did not know, and has not voluntarily lived with the impotent spouse since learning of it.
- Fraud, duress or force. The other spouse used fraud, duress or force to induce the marriage, and the petitioner has not voluntarily lived with that spouse since learning of the fraud or being released from the duress or force.
- Mental incapacity. A party lacked the mental capacity to consent, or to understand the nature of the ceremony, and has not lived with the other spouse since the petitioner knew or should have known of the incapacity.
- Concealed recent divorce. The other spouse was divorced from a third person within 30 days before the marriage and concealed it, the petitioner did not know, and has not voluntarily lived with that spouse since learning of it. Timing limits apply.
- Marriage within 72 hours of the license. The ceremony took place within 72 hours after the license was issued without a waiver. This ground must be raised within a short time after the wedding.
What counts as fraud?
Fraud for annulment purposes generally must go to the essence of the marriage, not ordinary exaggeration or disappointment. For example, imagine a spouse who concealed a plan to marry only for an immigration benefit, with no intention of living as a married couple. That kind of deception may support a fraud claim. A partner who simply misrepresented income or habits usually does not.
The “continued living together” problem
For most annulment grounds, the right is lost if the petitioner voluntarily continued living with the other spouse after learning the facts. Keep a record of when you discovered the problem and when you separated.
Void Marriages
Some marriages are void from the beginning under Texas law, including:
- Bigamy. One spouse was already married to someone else. In some situations, the later marriage can become valid once the earlier marriage ends and the couple keeps living together.
- Close relationship. Marriage between certain relatives by blood or adoption, and between a current or former stepparent and stepchild.
- Marriage involving a minor that does not meet Texas requirements.
Even though a void marriage was never legally valid, filing for a court declaration provides a clear record, resolves property and children’s issues, and protects you if questions come up later about remarriage, benefits or inheritance.
What Happens to Property and Children?
- Children. An annulment or declaration that a marriage is void does not change the children’s relationship to their parents. The court can enter orders on conservatorship, possession and child support. See divorce with children.
- Property. Texas courts can divide property acquired during the relationship in an annulment. In void marriages, a spouse who entered the marriage in good faith may have rights as a “putative spouse” to property acquired during the relationship. These cases can be fact-intensive.
- Name. The court can restore a prior name.
How the Process Works
An annulment case is filed as a lawsuit in district court, similar to a divorce. The petition states the ground for annulment and the facts that support it. The other spouse must be served or sign a waiver. If the other spouse agrees, the case may be resolved by agreement, but the court still must find that a ground exists.
Residency rules for annulment differ from divorce. Generally, a suit for annulment can be filed in Texas if the marriage was entered into in Texas, or if either party is domiciled here. Ask about your situation before filing.
When Divorce Is the Better Option
If no annulment ground clearly applies, or the facts would be hard to prove, a divorce on the no-fault ground of insupportability may be faster and less stressful. A short marriage with no children and little property can often be finished as an uncontested divorce. Our page on grounds for divorce compares the options, and how to file for divorce walks through the steps.
Annulment Filings in New Braunfels and Comal County
Annulment and divorce cases are filed with the district clerk in the appropriate county. If you live in New Braunfels, confirm whether your home is in Comal County or Guadalupe County. For filing costs, check the current fee schedule with the district clerk, and see our page on filing fees and forms.
Talk With a New Braunfels Family Lawyer About Annulment
If you believe your marriage may qualify for an annulment, timing matters. Our family law team can review the facts and explain whether annulment, a void-marriage declaration or a divorce fits best. New Braunfels Family Law offers a free consultation by phone, video or in person to clients across Comal County and nearby areas. Call (830) 302-4071. Hablamos español.
Frequently Asked Questions
Can I get an annulment because the marriage was short?
No. A short marriage alone is not a ground for annulment in Texas. Annulment requires a specific legal ground, such as fraud, duress, intoxication or a concealed recent divorce. If none applies, a divorce is the path, and a short marriage with little property can often be resolved quickly by agreement.
What is the difference between an annulment and a void marriage?
A voidable marriage is valid until a court annuls it, and certain conduct, like continuing to live together after learning the facts, can prevent an annulment. A void marriage, such as one where a spouse was already married, was never legally valid, though a court declaration is still useful.
Are children of an annulled marriage considered legitimate?
Yes. Annulment does not change a child’s legal relationship with the parents. The court can still address conservatorship, possession and child support, just as in a divorce.
Is a church annulment the same as a legal annulment?
No. A religious annulment is granted by a faith community under its own rules and has no legal effect in Texas. A civil annulment from a Texas court is what changes your legal marital status. Some people pursue both.
How long do I have to file for an annulment?
Several annulment grounds have short deadlines or are lost if the spouses continue living together after the problem is discovered. Some must be filed within a specific window after the marriage. Act quickly and get advice about the ground that applies to you.
Last reviewed November 13, 2026. General information only, not legal advice.