Annulment Attorney in Round Rock, Texas
Practice Areas
Learning that your marriage may not be legally valid can be overwhelming. Certain marriages in Texas qualify for annulment rather than divorce, depending on the legal grounds and circumstances surrounding the relationship. At the Law Office of Katy M. Lovett, a respected annulment attorney in Round Rock, Texas, we help clients determine whether their situation meets the strict eligibility requirements outlined in the Texas Family Code and guide them through every stage of the legal process.
The annulment process is very different from a divorce. While a divorce ends a valid marriage, an annulment treats the union as if it never existed. Working with an experienced annulment lawyer ensures your rights are protected, deadlines are met, and your case is presented clearly before the court.
Katy M. Lovett provides trusted legal support for Texas residents seeking clarity, closure, and a new path forward through annulment. To speak with an attorney about your case, call (512) 956-5356 or contact us online to schedule your confidential consultation today.
Marriage Annulment in Texas
Under Texas Family Code Chapter 6, certain marriages may be considered void or voidable. The court can declare the marriage null through an annulment when that happens. This legal process applies when one or both spouses entered a marriage that failed to meet legal requirements for validity.
In Williamson County, a married couple must show qualifying legal grounds to pursue an annulment instead of divorce. The difference matters, unlike divorce, which ends a valid marriage, annulment erases it completely, treating it as though it never existed.
An experienced annulment lawyer helps review your case and determine whether the grounds for annulment under state law apply to your circumstances.
What Is an Annulment in Texas?
An annulment is a legal action that declares a marriage invalid. It restores the parties to single status, as though the wedding never took place. Texas Family Code § 6.105 allows an annulment if a spouse lacked the ability to give consent because of intoxication, narcotics, or other impairment of mental capacity at the time of the ceremony.
Similarly, under § 6.107, a marriage may be annulled if one or both parties were forced or deceived into the relationship through fraud or duress. These statutes illustrate how Texas law treats annulled marriages differently from divorce cases, where the marriage was once valid.
When Can You Annul a Marriage in Texas?
Timing is important under Texas Family Code § 6.306, which sets jurisdictional and filing standards for annulments. The petitioner must file in a Texas court if the marriage occurred in the state or if one spouse resides here.
Not all marriages can be annulled. The law requires a clear legal ground, such as coercion, intoxication, or lack of consent, and certain claims must be brought within a limited timeframe. Waiting too long can cause the court to deny your petition, leaving divorce as the only legal path.
Annulment Requirements in Texas
Filing for an annulment requires proof that meets strict legal standards. The petitioner must show that legal grounds exist and that all legal requirements are satisfied. In Texas, these include residency, the grounds for annulment, and proper filing with the court.
To begin the annulment process, the petitioner must prove that valid grounds exist under Texas Family Code §§ 6.105–6.107 and that all procedural rules have been met.
These include showing:
- The marriage took place under circumstances that violated legal standards.
- The petition was filed in a proper venue, such as Williamson County.
- The court has jurisdiction over the parties and subject matter.
An experienced Round Rock annulment attorney prepares the required documentation, files it correctly, and represents you through court hearings until the annulment is granted.
Legal Grounds for Annulment in Texas
The grounds for annulment vary depending on each couple’s circumstances. Common legal grounds include:
- Lack of capacity due to mental incapacity, intoxication, or being underage
- Fraud, force, or duress at the time of the marriage ceremony
- Impotence or inability to consummate the marriage
- Concealed prior divorce, criminal history, or bigamy
Each annulment case requires evidence that the marriage based on these conditions cannot be considered valid.
Grounds for an Annulment vs. Divorce in Texas
While divorce cases end valid marriages, annulments declare them void or voidable from the start. This means an annulment treats the marriage as if it never existed, while a divorce recognizes the marriage and dissolves it.
Some marriages do not qualify for annulment because they meet all legal requirements for being legally married. The best course of action depends on your goals, such as property division, spousal support, or child custody matters.
A Round Rock family law attorney can help determine which legal action best fits your circumstances.
How to Get an Annulment in Texas
One or both spouses must file a formal petition in the appropriate Texas court to obtain an annulment. The annulment process involves:
- Filing a verified petition detailing the grounds for annulment.
- Serving the other spouse with notice.
- Attending court hearings to present testimony and evidence.
- Waiting for the court to issue a final decree declaring the marriage void.
Throughout this process, your annulment lawyer helps you meet every procedural requirement and prepares you for all necessary appearances.
How Long Do You Have to Get an Annulment in Texas?
Each legal ground under Chapter 6 carries different deadlines. For example, under § 6.105, a person who was intoxicated at the time of the ceremony must act quickly after regaining capacity.
Failure to file in time may result in the court denying your request, converting your claim into a standard divorce case instead.
How Difficult Is It to Get an Annulment in Texas?
Because annulment is a legal remedy limited by statute, it can be challenging to obtain. The petitioner must prove the grounds clearly and show the marriage was never valid under the law.
These cases are less common than divorce cases because the burden of proof is higher, and not all marriages qualify. Having skilled attorneys who understand family law improves your chance of success.
Can You Get an Annulment If You Have a Child?
Having children together does not prevent you from filing for annulment. Texas courts still address child custody, visitation, and support under the best interests standard.
Judges may order paternity testing and determine spousal support or property division to protect both parents’ rights.
The court’s priority remains your child’s well being, even if the marriage is annulled.
How Texas Courts Handle Child Custody and Support After an Annulment
After a marriage is annulled, child custody and spousal support issues are handled similarly to those in divorce cases. The court may require paternity testing before issuing support or custody orders.
Parents can work with a Round Rock child custody lawyer to develop child custody and support plans that protect both parents’ rights while focusing on the child’s stability and development.
Annulment and the Legal Process
An annulment case requires careful preparation and attention to detail. Each step of the legal process involves submitting the correct documentation, appearing at court hearings, and presenting evidence that supports your grounds for annulment. The court reviews all materials before deciding whether the marriage should be granted as void.
At the Law Office of Katy M. Lovett, helping clients through each stage is a priority. Katy prepares every petition, organizes records, and explains what to expect before you enter the courtroom. Having skilled legal representation ensures your rights are protected, your case is presented clearly, and the outcome reflects your best interests.
How Much Is an Annulment in Texas?
Costs for annulment vary based on circumstances, such as contested issues or required court hearings. Clients should expect filing fees, legal fees, and administrative expenses.
While an annulment may seem costly, working with a seasoned annulment attorney can actually save money by preventing errors that delay the case or lead to a denied petition.
Do I Need an Attorney for an Annulment in Texas?
Filing for an annulment on your own can jeopardize your rights and the outcome of your case. Without proper legal guidance, it’s easy to miss filing deadlines, overlook key evidence, or fail to include relevant information the court needs to determine if your marriage should be declared void. These errors can cause delays or lead to the dismissal of your petition entirely.
An annulment attorney protects your interests by preparing documents accurately and representing you through every stage of the legal process. Your attorney can explain how Texas’s community property laws may still affect property division or spousal support even though annulments treat a marriage null from the start.
Texas does not recognize legal separation, meaning that if one or both spouses live apart but are still legally married, they remain bound by marital property laws. An experienced attorney helps you understand how those rules apply to your situation and ensures your rights are preserved during annulment proceedings.
A knowledgeable annulment lawyer in Round Rock, TX, provides valuable guidance in cases involving child custody, disputed evidence, or conflicting witness testimony. When the influence of fraud, coercion, or lack of consent plays a role, your attorney builds a strong case supported by the necessary evidence to help the court reach a fair decision.
Why Choose Katy M. Lovett as Your Annulment Lawyer in Round Rock
At the Law Office of Katy M. Lovett, every annulment case is handled with personal attention and a strong understanding of the Texas Family Code and Williamson County court procedures. When one party seeks to prove a marriage invalid, Katy develops a personalized strategy built on the common grounds and facts specific to your situation.
Clients appreciate her clear communication, compassionate guidance, and steady support throughout the annulment process. From filing the petition to the final court decision, Katy provides step-by-step direction and assertive representation. If your case involves contested grounds, she presents your position with confidence to achieve a fair dissolution and help you move forward confidently.
FAQ About Annulments in Texas
What's The Difference Between an Annulment and a Divorce?
An annulment voids a marriage, treating it as if it never happened, while a divorce ends a valid marriage and divides property and obligations.
Can I Remarry After an Annulment?
Yes. Once your annulment is granted, you regain the right to marry again, provided there are no issues like bigamy or an unresolved subsequent marriage.
What Happens if the Court Denies My Request For Annulment?
If the court denies your petition, you may need to file for divorce instead. Based on your facts, a qualified family law attorney can help determine the next steps.
Call Family Law Attorney Katy M. Lovett in Round Rock to Schedule Your Consultation
If you seek to resolve a marriage that may not have been valid, the time to act is now. Contact family law attorney Katy M. Lovett in Round Rock to schedule a consultation with an experienced annulment lawyer.
Call (512) 956-5356 or contact us online to schedule your appointment. Let our office evaluate your annulment case and help you choose the best legal path forward.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.