Can You Still Annul Your Marriage?
Marriage annulment isn’t just a legal technicality—it’s a way to erase a marriage that never should have happened in the first place. But here’s the catch: there’s a time limit.
If you’re in Texas and thinking about annulment, the clock is ticking. Texas law has strict annulment deadlines depending on the reason for your request. Some cases must be filed within days or months, while others allow years. Miss the deadline, and your only option may be divorce instead.
This guide will break down exactly how long you have to annul a marriage in Texas, what happens if you miss the annulment deadline, and how to file for annulment before it’s too late.
How Long Do You Have to Annul a Marriage in Texas?
The biggest mistake people make when considering annulment is waiting too long. Many assume they can file at any time, but Texas law has clear deadlines that vary based on why you’re seeking an annulment. If you miss the deadline, your only option is divorce, which has different legal consequences.
Let’s look at how annulment deadlines compare to divorce time limits and why acting quickly is so important.
Annulment vs. Divorce: Why Time Limits Matter
Many people assume that annulment and divorce are just different legal terms for ending a marriage, but they are fundamentally different processes with distinct legal consequences. Understanding these differences is essential, especially because annulments come with strict time limits, whereas divorce does not.
What Is an Annulment?
An annulment is a legal declaration that a marriage was never valid. Unlike a divorce, which ends a legally recognized marriage, an annulment treats the marriage as if it never legally existed. This means there are no marital rights, no division of assets, and no spousal support (except in rare cases).
An annulment may be granted for reasons such as:
- One or both spouses were underage at the time of marriage
- One spouse was already married (bigamy)
- The marriage was based on fraud or deception
- One spouse was intoxicated or mentally incapacitated at the time of marriage
- The marriage was entered into under coercion or force
The key issue with annulment is timing—you must file within a specific timeframe, which varies depending on the reason for seeking the annulment. If you miss that deadline, annulment is no longer an option.
What Is a Divorce?
Divorce is the legal termination of a valid marriage. Unlike annulment, divorce acknowledges that the marriage was legally valid but is no longer sustainable. Divorce cases deal with issues such as:
- Division of property and assets
- Spousal support (alimony)
- Child custody and support
- Debt responsibility
A major difference between annulment and divorce is that divorce has no strict time limits—you can file for divorce at any time after marriage.
Why Time Limits Matter for Annulments
The statute of limitations for annulment exists because annulment is meant to correct a legal mistake rather than end a valid marriage. Courts do not want people seeking annulments years after the marriage, especially when financial assets, children, and joint property may be involved.
Here’s why acting quickly matters:
- Missing the annulment deadline forces you into divorce – If you wait too long, you lose the right to have the marriage declared invalid. Your only legal option becomes divorce, which involves more legal steps, division of assets, and possible alimony.
- Annulment can protect your finances – Since annulments treat marriages as never existing, you may not be responsible for spousal support or shared debts in the same way you would be in a divorce.
- Judges rarely allow late annulments – The court expects you to act as soon as possible once you realize your marriage qualifies for annulment.
Each annulment case has a different statute of limitations depending on the grounds for annulment. Here’s a breakdown of how long you have to annul a marriage based on Tex. Fam. Code § 6.102-6.110.
Texas Annulment Deadlines Based on Marriage Type
The time limit for filing an annulment depends on the specific circumstances of the marriage. Some deadlines are short, giving you only a few months to act, while others allow for more time. If you’re unsure whether your case qualifies, it’s crucial to review these deadlines before making a decision.
Here’s how Texas handles annulment time limits based on different types of marriages.
1. Intoxication (Annulment After Drunken Marriage)
- Time Limit: 90 days after the wedding
- Why? If you were too drunk to consent to the marriage, you have three months to act.
2. Fraud (Lies That Led to Marriage)
- Time Limit: Four years from discovery
- Why? If your spouse lied about something major (like hiding a criminal record, infertility, or already being married), you have up to four years to file once you discover the fraud.
3. Bigamy (Already Married to Someone Else)
- Time Limit: No deadline (but only while the prior marriage exists)
- Why? If your spouse was already married when you married them, your marriage is void—but only if the previous marriage is still in effect. If the first marriage ends, your marriage becomes valid and annulment is no longer an option.
4. Mental Incapacity (One Spouse Wasn’t Mentally Competent to Marry)
- Time Limit: During the period of incapacity OR shortly after recovery
- Why? If a person lacked the mental capacity to consent (due to a mental condition or cognitive disability), an annulment can be filed as long as the incapacity continues or soon after they regain mental competence.
5. Forced or Coerced Marriage
- Time Limit: Four years from discovery
- Why? If you were pressured, blackmailed, or threatened into marriage, Texas gives you four years to prove coercion and file for annulment.
6. Underage Marriage (One Spouse Was a Minor)
- Time Limit: Until the minor turns 18
- Why? If a minor was married without proper consent, the annulment can be filed at any time before their 18th birthday.
What Happens If You Miss the Annulment Deadline?
Many people assume they can file for an annulment whenever they want. But what if you wait too long? What if you didn’t even know there was a deadline?
Unfortunately, Texas law is strict when it comes to marriage annulment expiration dates. If you miss the deadline, the court will likely reject your case, leaving you with divorce as the only option.
Let’s go over what happens if you miss the annulment deadline and whether there are any exceptions.
Can You Still Get an Annulment After the Time Limit?
Miss the legal deadline for annulment, and Texas courts will deny your request. At that point, your only option is divorce—which comes with different requirements and waiting periods.
What Are the Risks of a Late Annulment Filing?
- Court Rejection: A judge will dismiss the case if it’s past the annulment filing deadline.
- Loss of Legal Protections: Unlike divorce, annulment can erase financial obligations like spousal support.
- Stronger Opposition from Your Spouse: If too much time has passed, your spouse may challenge your claim.
Can a Judge Override Annulment Time Limits?
In rare cases, a judge can override time limits—especially if fraud or coercion is involved. You’ll need a strong legal argument to justify the delay.
How to File for Annulment Before the Deadline
Filing for an annulment in Texas isn’t as complicated as some people think, but timing is everything. If you want to make sure you file before the deadline, you need to know the right steps.
Here’s how to file for annulment in Texas before time runs out.
Step 1: Check Your Eligibility
Before filing, confirm that your situation meets the legal grounds for annulment under Texas Family Code §6.102-6.110.
Step 2: Prepare the Required Paperwork
You’ll need to complete an annulment petition and file it in the appropriate county court.
Step 3: File in the Correct Texas Court
Annulments must be filed in the county where either spouse lives.
Step 4: Attend Court Hearings
Annulments are not automatic—you must appear before a judge and provide proof of why the marriage should be annulled.
Step 5: Get the Final Annulment Ruling
If the judge grants the annulment, the marriage is legally void.
What If You Need an Annulment Fast? (Emergency & Expedited Annulments)
Sometimes, waiting isn’t an option. Maybe you’re dealing with fraud, coercion, or some other urgent reason that requires a fast annulment. Texas allows expedited annulment procedures in certain situations, but they require quick action and legal expertise.
Here’s what you need to know if you need an emergency annulment filing or a retroactive annulment.
If you need to act quickly, there are expedited annulment procedures in Texas for urgent cases:
- Emergency Annulment Filing: If your situation qualifies, a lawyer can fast-track your case.
- Retroactive Annulment: Some cases allow the annulment to be applied retroactively to an earlier date.
Religious Annulment vs. Legal Annulment: What’s the Difference?
Some people assume that getting an annulment through their church or religious institution also makes the marriage legally void. That’s not the case.
A religious annulment only applies within a church or faith community. If you need a legal annulment, you’ll have to go through the Texas court system.
Here’s how the two types of annulments compare.
Can You Extend an Annulment Deadline?
Maybe you just found out about the annulment deadline, or maybe you’re in a situation where you had no control over the delay. Is there any way to extend the annulment deadline?
In some cases, the courts allow exceptions—but only in specific situations. Here’s what you need to know about getting more time to file an annulment.
If you’re running out of time, you might have options to extend your annulment deadline, but it depends on the reason for your request. Some possible ways include:
- Proving fraud was just discovered
- Showing coercion or duress prevented earlier filing
- Filing for a court extension due to special circumstances
Final Takeaways: Don’t Wait Too Long!
Texas has strict annulment deadlines, and waiting too long could mean losing your chance to file. Whether you’re dealing with fraud, coercion, intoxication, or bigamy, time is not on your side.
Missing the marriage annulment expiration date could mean your only choice is divorce—so don’t wait until it’s too late.
Need help? Contact the Law Office of Nida Din today at (512) 333-0715 to discuss your options.