Texas Annulment and Prohibited Marriage Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 19, 2023
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Though it may seem simple, the legal proceedings surrounding marriage actually have strict rules. Each state has its own set of annulment and prohibited marriage laws that prohibit marriages under certain circumstances.
A prohibited marriage is void because the marriage was never lawful. Generally, there's no need to get an annulment or divorce in these cases. Commonly prohibited marriages typically include bigamous marriages, where a person tries to marry more than one spouse, or incestuous marriages, where a person tries to marry a relative.
An annulment, on the other hand, is a way to avoid a marriage that would be otherwise invalid. While both an annulment and a divorce end a marriage, an annulment wipes the slate clean as if there had been no marriage to begin with. However, you usually need to get an annulment within a certain time limit, so it is important to act promptly if you are considering an annulment.
This article provides a brief overview of annulment and prohibited marriages in the state of Texas.
Annulment and Prohibited Marriages Laws in Texas
Learn more about Texas annulment and prohibited marriage laws in the table below. See Marriage Law Overview for more general information.
Grounds for Annulment |
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Time Limits for Obtaining Annulment |
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Legitimacy of Children |
The issue of a marriage declared void or voided by annulment shall be treated in the same manner as the issue of a valid marriage (Tex. Est. Code § 201.055) |
Prohibited Marriages |
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Same-Sex Marriages |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Texas Law
- Official State Codes -- Links to the official online statutes (laws) in all 50 states and D.C.
Texas Annulment and Prohibited Marriage Laws: Related Resources
Have Questions About Texas Annulment and Prohibited Marriage Laws? Ask a Lawyer
If you are considering annulling your marriage or have questions regarding its legitimacy, you should speak to a local divorce attorney. An experienced attorney can view the specific facts of your case and give you legal advice using the relevant laws of your jurisdiction.
Get started by speaking to a skilled family law attorney in Texas today.
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