Texas Annulment Laws: Grounds, Deadlines and How to File (2026)

In Texas, a court can end an invalid marriage in one of two ways: an annulment of a voidable marriage under Texas Family Code sections 6.102 through 6.110, or a suit to declare a marriage void under sections 6.201, 6.202, 6.205 and 6.206. Which one applies depends on the ground, and several grounds carry short deadlines or are lost if the spouses keep living together.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil annulment and suits to declare a marriage void under Texas Family Code chapter 6 (subchapters B and C, and the jurisdiction and procedure sections 6.306, 6.307 and 6.702), with the related property, maintenance, name-change and parentage sections. It does not cover religious annulment, divorce procedure in depth, or other states' law. For divorce, see Texas divorce laws.

Can you get an annulment in Texas instead of a divorce?

Yes, but only if your marriage fits one of the grounds the Family Code lists. A divorce ends a valid marriage. An annulment or a declaration that a marriage is void addresses a marriage that had a legal defect from the start.

Texas splits that second category in two. Chapter 6, Subchapter B is titled "Grounds for Annulment" and covers marriages that are valid until a court annuls them. Subchapter C is titled "Declaring a Marriage Void" and covers marriages the statute treats as void. Section 1.003 defines a "suit for dissolution of a marriage" to include a suit for divorce or annulment or to declare a marriage void, which is why many divorce-case rules also reach these cases.

Void marriages in Texas

A void marriage is one the Family Code says is void when made. Under section 6.307(a), "Either party to a marriage made void by this chapter may sue to have the marriage declared void, or the court may declare the marriage void in a collateral proceeding."

When a bigamous marriage becomes valid

Section 6.202(b) adds a rule that surprises many readers. A later marriage that is void because of an earlier undissolved marriage "becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married."

That validation rule has an exception for a putative spouse who meets the conditions listed in 6.202(b). One of those conditions is filing a suit to declare the later marriage void within a set window: not later than the 30th day after the date the putative spouse knew of the matter the statute describes, or the 90th day for a putative spouse on qualifying military, Texas military forces or State Department service. The legislature amended section 6.202 in 2025 (Acts 2025, 89th Leg., ch. 735, HB 2240, effective June 20, 2025). Because the conditions are detailed, read the current text of 6.202(b) on the Texas Legislature's site before relying on the exception.

Grounds for annulment of a voidable marriage in Texas

Each voidable ground has its own elements, and most include a bar based on continued cohabitation. The table lists every ground in Subchapter B with who may file, the time limit written in the section, and what defeats the claim.

Where the table says "none stated," the section's text sets no filing deadline. Whether some other limit, such as a general limitations rule or a defense like delay, could apply was not researched for this article.

Intoxication, impotency, fraud and duress

Under section 6.105, the court may grant an annulment if the petitioner "was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage," and the petitioner has not voluntarily cohabited with the other party since the effects ended. The statute requires more than intoxication: the intoxication must have left the petitioner without the capacity to consent.

Section 6.106 covers a party who "for physical or mental reasons, was permanently impotent at the time of the marriage." The petitioner must not have known of it at the time of the marriage and must not have voluntarily cohabited with the other party since learning of it.

Section 6.107 allows an annulment if "the other party used fraud, duress, or force to induce the petitioner to enter into the marriage," as long as the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.

Mental incapacity

Section 6.108 has two versions. Under subsection (a), the party who lacked capacity, or that party's guardian or next friend, can sue if at the time of the marriage the petitioner "did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect," and has not voluntarily cohabited with the other party during a period when the petitioner had the capacity to recognize the marriage relationship.

Under subsection (b), a spouse can sue when it was the other party who lacked capacity, if the petitioner neither knew nor reasonably should have known of the mental disease or defect at the time of the marriage, and has not voluntarily cohabited with the other party since discovering it or since the date it reasonably should have been discovered.

A divorce the other spouse hid

Section 6.109 applies when the other party was divorced from a third party within the 30-day period before the wedding, and the petitioner did not know, and a reasonably prudent person would not have known, of that divorce. The petitioner must not have voluntarily cohabited with the other party after discovering the divorce, or after a reasonably prudent person would have discovered it. This suit cannot be brought after the first anniversary of the marriage (6.109(b)).

The 72-hour waiting period

Section 6.110(a) allows an annulment if "the marriage ceremony took place in violation of Section 2.204 during the 72-hour period immediately following the issuance of the marriage license." The window is short: a suit under this section may not be brought after the 30th day after the date of the marriage (6.110(b)).

Underage marriage in Texas

Since September 1, 2017, the Family Code has set 18 as the age to marry unless a court has removed the person's disabilities of minority. Section 2.003(a) says "A person under 18 years of age may not marry unless the person has been granted by this state or another state a court order removing the disabilities of minority of the person for general purposes." Section 2.101 bars a county clerk from issuing a license to an applicant under 18 who does not show that order. Both were amended by SB 1705 (Acts 2017, 85th Leg., ch. 934), effective September 1, 2017, according to the code's history notes.

Two provisions in chapter 6 address underage marriages:

• Section 6.205 (void): "A marriage is void if either party to the marriage is younger than 18 years of age, unless a court order removing the disabilities of minority of the party for general purposes has been obtained in this state or in another state."
• Sections 6.102-6.104 (annulment): the court "may grant 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 without a court order as provided by Subchapters B and E, Chapter 2." The suit may be filed by a next friend, a parent, or the managing conservator or guardian, with the deadlines shown in the table above.

Both sections remain in the code. This article does not resolve how they apply together to a particular underage marriage, and it does not cite a court decision or official guidance explaining it. Anyone dealing with a marriage that involved a person under 18 should get advice from a lawyer licensed in Texas.

How to file for an annulment in Texas

Where you can file. Section 6.306(a) says "A suit for annulment of a marriage may be maintained in this state only if the parties were married in this state or if either party is domiciled in this state." For a void marriage, section 6.307(b) lets the court declare the marriage void only if it was contracted in Texas or either party is domiciled in Texas. Section 6.306(b) adds that an annulment suit is a suit in rem, affecting the status of the parties to the marriage.

The six-month state domicile and 90-day county residence requirement in section 6.301 is written for "a suit for divorce." Section 6.306 does not state a similar time period for annulment.

Which court. The Family Code's definition of "court" (section 1.002) includes the district court, a juvenile court having the jurisdiction of a district court, or another court expressly given jurisdiction. Texas Law Help, a nonprofit legal aid site, says the district courts that hear divorces also hear annulments and, depending on the county, county courts can as well.

Timing. Section 6.702(b) says "A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally." That differs from divorce, which, except as provided by subsection (c), a court may not grant before the 60th day after the suit was filed (6.702(a)).

Forms and self-help. This page does not cite an annulment self-help page from the Texas Judicial Branch. Texas Law Help, run by the Texas Legal Services Center (a nonprofit, not a court), publishes a guide with forms for annulling or voiding a marriage, plus plain-language articles on annulment and its requirements. Its explanations are a starting point, not a substitute for the statute or for a lawyer.

What happens to property, support and children after an annulment

Property. Section 7.001 applies to annulments as well as divorces: "In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage."

Spousal maintenance. Section 8.060 provides that "In a suit to declare a marriage void, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may be awarded maintenance if otherwise qualified to receive maintenance under this chapter." The Family Code does not say outright whether maintenance can be ordered after the annulment of a voidable marriage, and this article does not answer that question. For how Texas maintenance works generally, see Texas alimony laws.

Children. An annulment does not erase the presumption of paternity. Under section 160.204(a)(2), a man is presumed to be a child's father if he is married to the mother and the child is born before the 301st day after the marriage is terminated by death, annulment, declaration of invalidity, or divorce. Section 160.204(a)(3) extends the presumption to a man who married the mother before the birth "in apparent compliance with law, even if the attempted marriage is or could be declared invalid," when the child is born during the invalid marriage or before the 301st day after it ends. Custody and child support then follow the Family Code's rules on suits affecting the parent-child relationship; see Texas child custody laws.

Name change. Under section 6.706(a), "In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name."

Attorney's fees. Section 6.708(c) allows the court, "In a suit for dissolution of a marriage," to "award reasonable and necessary attorney's fees, court costs, and expenses." Because section 1.003 defines that phrase to include annulment and suits to declare a marriage void, the provision reaches those cases.

Marital status. The sections reviewed for this article do not contain a sentence describing the legal status of the parties after an annulment. Texas Law Help describes the result in plain language as being like the marriage never happened.

Putative spouses in Texas

A putative spouse is, in general terms, someone who entered a marriage believing it was valid. In the Family Code chapters reviewed for this article (chapters 1-9), the term appears in three sections: the bigamy exception in section 6.202(b) and the maintenance provision in section 8.060, both described above, and section 9.401, added in 2025, which lets a putative spouse sue to declare a divorce or annulment decree void (9.401(b)) when the court that rendered it lacked jurisdiction at the time (9.401(a)). This page does not cover how Texas courts treat a putative spouse's property claims, so it does not describe a broader doctrine.

When a marriage cannot be annulled after a spouse dies

Section 6.111 says "Except as provided by Subchapter C, Chapter 123, Estates Code, a marriage subject to annulment may not be challenged in a proceeding instituted after the death of either party to the marriage." So a suit on a Subchapter B ground has to be started while both spouses are alive, subject to the Estates Code exception the section names.

Annulment versus divorce in Texas

A divorce ends a valid marriage and has its own grounds, residency rule and 60-day waiting period. An annulment or a void-marriage declaration applies only when one of the specific defects above is present. If no ground fits, divorce is the route; see Texas divorce laws. If you are unsure whether you were legally married at all, for example after living together without a ceremony, see Texas common law marriage.

A church or religious annulment is a separate process from a court annulment. A court decree is what changes your legal status under Texas law.

Disclaimer: This article provides general legal information about annulment and void marriages under the Texas Family Code. It is not legal advice. The information was verified on 2026-10-08 and the law can change. For advice about your situation, consult a lawyer licensed in Texas, or use the resources at Texas Law Help.

Related

• Annulment laws in every state
• Texas divorce laws
• Texas common law marriage
• Texas child custody laws

Last updated: 2026-10-08.

Frequently Asked Questions

How long do you have to get an annulment in Texas?

It depends on the ground. A concealed-divorce claim cannot be brought after the first anniversary of the marriage (Tex. Fam. Code 6.109(b)) and a 72-hour-waiting-period claim not after the 30th day after the marriage (6.110(b)). Sections 6.105-6.108 state no deadline in their text, but cohabiting after the problem is known or ends can bar those claims.

Can I get an annulment in Texas if we lived together after the wedding?

For intoxication, impotency, fraud, duress or force, mental incapacity and concealed divorce, the statute requires that the petitioner has not voluntarily cohabited with the other spouse after the effects ended, after learning of the problem, or after release from the duress (Tex. Fam. Code 6.105-6.109).

Is a bigamous marriage void in Texas?

Yes. A marriage entered while either party has an undissolved prior marriage is void (Tex. Fam. Code 6.202(a)). Under 6.202(b) it can become valid once the earlier marriage is dissolved if the couple then lives together as spouses and holds out as married, subject to the putative-spouse exception in that subsection.

Do I have to live in Texas for six months to get an annulment?

Section 6.306(a) allows an annulment suit if the parties married in Texas or either party is domiciled in Texas. The six-month domicile and 90-day county residence rule in section 6.301 is written for a suit for divorce.

Is there a 60-day waiting period for an annulment in Texas?

No special one. Tex. Fam. Code 6.702(b) says no waiting period is required before a court grants an annulment or declares a marriage void, other than as required in civil cases generally. The 60-day wait in 6.702(a) applies to divorce.

Can I change my name back after an annulment in Texas?

Yes, if you ask. In a decree of divorce or annulment, the court shall change the name of a party who specifically requests it to a name previously used, unless the decree states a reason for denying the change (Tex. Fam. Code 6.706(a)).

Can a marriage be annulled in Texas after one spouse dies?

Generally no for voidable marriages. Tex. Fam. Code 6.111 says a marriage subject to annulment may not be challenged in a proceeding started after the death of either party, except as provided by Subchapter C, Chapter 123, Estates Code.

Can I get alimony after an annulment in Texas?

Tex. Fam. Code 8.060 lets a putative spouse who did not know of an impediment be awarded maintenance in a suit to declare a marriage void, if otherwise qualified. The code does not state outright whether maintenance is available after annulment of a voidable marriage.