How Long Can You Be Married and Still Get an Annulment in Texas?

Posted Feb 19, 2025 by Mary E. Ramos | Family Law

Annulment is a divorce alternative available only in limited circumstances. It declares that, for legal purposes, the marriage never occurred. Given the limited situations when you can have a marriage annulled, many wonder about the impact from the passage of time. How long can you be married and still get an annulment? In short, the length of the marriage does not determine whether you can get an annulment, but the passage of time makes qualifying for one less likely.

At the Ramos Law Group, PLLC, we specialize in family law, and we focus on providing compassionate legal support tailored to each client’s unique situation. Founded by Mary E. Ramos, our firm is committed to educating our clients to enable them to make informed decisions. Contact us today to learn more.

Annulments in Texas

Texas law allows couples to end a marriage by having the court declare the marriage never occurred in two ways: annulment or a declaration that the marriage is void. Some states refer to both of these processes as annulment.

Annulments are only an option when the marriage is legally flawed from the beginning, and you have not taken the proper steps to validate the marriage. Despite the legal outcome of erasing the marriage, annulments sometimes involve child custody, child support, and property division. However, you cannot qualify for spousal maintenance if you get an annulment as opposed to a divorce.

Annulment Requirements: When Can You Get an Annulment?

When can you get an annulment, and what prevents you from getting one under Texas law? The following chart lists annulment grounds and what actions nullify the corresponding grounds.

One of the most significant annulment requirements is that you do not continue to live together as a couple after the reason that could justify the annulment ends or is discovered. In other words, you can make your marriage valid—i.e., lose annulment eligibility—once both spouses are aware of the circumstances that could justify annulment, can consent to marriage, and continue living together as a married couple.

When Can You Have a Marriage Declared Void?

You can have a marriage declared void if it is:

• An incestuous marriage—the marriage is between relatives, including biological and adoptive relationships, half-relatives, and stepparent-stepchild relationships;
• A bigamous marriage—one spouse is already married; or
• Underage marriage—a marriage involving individuals under 16.

Voidable marriages are legally invalid from the start, but obtaining a court order ensures that the invalidity is recognized and enforceable. 

How Long Can You Be Married and Still Get an Annulment?

Time does not make void marriages valid. The length of a marriage is never the deciding factor in whether you qualify for annulment, but it may influence the likelihood of qualifying. You have to prove you are eligible for an annulment by offering evidence that you meet at least one of the grounds Texas law authorizes. As time passes, that often becomes harder. 

Potential Short-Term Annulment Grounds

The difficulty level of proving you qualify after a lengthy marriage varies depending on the ground you use, as follows:

• Underage marriage. Once both spouses are 18 or older, you typically lose eligibility.
• Impairment. Impairment typically wears off within hours or days, and when it does, you lose eligibility if you continue to cohabitate.
• Undisclosed impotence. The more time that passes, the harder it becomes to convince a judge that you did not know your spouse was impotent.
• Concealed divorce. You cannot qualify if you have been married one year or longer.
• Marriage less than 72 hours after license issuance. You cannot qualify if you have been married 30 days or longer.

These grounds do not tend to allow much leeway. The passage of time either prevents you from getting an annulment or makes it less believable that you have only recently discovered the grounds that justify annulment.

Potentially Long-Term Annulment Grounds

The two remaining grounds—marriage through fraud, duress, or force and mental incapacity—offer more long-term potential. 

For mental incapacity to justify annulment, a spouse (or someone on their behalf) must prove that they could not understand the nature of the marriage or make an informed decision to marry. Unfortunately, when someone marries another person who lacks mental capacity, a mentally capable spouse may cover up the incapacity, and others may not realize the full extent of the issue.

If your marriage was based on fraud, deception, or coercion, you may be more likely to convince a judge you qualify for annulment, regardless of the passage of time. For example, if one spouse went to great lengths to conceal massive debt and the other only discovered the fraud years later, they may still qualify for an annulment. Abusive relationships also raise questions about when and whether an abused spouse chooses to voluntarily continue living with their spouse as a couple, even if the most acute abuse ends.

Take the First Step

Understanding whether you qualify for an annulment or need to address a void marriage requires thorough knowledge of Texas family law. The Ramos Law Group, PLLC, provides clear and compassionate guidance during challenging circumstances. Our team empowers clients to protect their rights and make informed decisions. Contact the Ramos Law Group today to schedule a consultation. Our team is here to guide you with compassion.

Last Updated on February 26, 2025 by Mary E. Ramos

Mary E. Ramos

Mary E. Ramos is Board Certified in Family Law by the Texas Board of Legal Specialization. She is recognized and respected throughout the Houston legal community for dedication in effectively representing clients’ rights and interests. Mary understands the emotional side of divorce and brings a special compassion to each and every case.