Annulments

Annulment Attorney in Alvin, Texas

Texas Annulment Cases Handled by a Firm Serving Brazoria & Galveston Counties Since 1985

An annulment is a legal declaration that a marriage was never valid. Under Texas law, it treats the marriage as though it never existed rather than ending it. That distinction matters, because qualifying for an annulment requires proving a specific defect that existed at the time the marriage began. Texas Family Code Chapter 6 defines those grounds precisely, and several carry strict filing deadlines. Missing one can permanently close the door on an annulment claim.

If you’re in Alvin or anywhere in Southeast Texas and you’re asking whether your marriage qualifies, we can help you find out. Robert D. Clements Jr. Law Group, LLLP has been serving clients in Brazoria and Galveston counties for four decades, and our attorneys know the local courts and procedures that govern family law matters filed here. Spanish-language service is available.

Don’t wait on a time-sensitive ground. Call (281) 809-0029 today and speak with a real person, often an attorney, on day one. Free consultations are available in person or virtually.

Why Alvin Residents Bring Their Annulment Cases to Us

Annulment cases aren’t automatic. Even when a qualifying ground exists, the petitioner must build an evidentiary record, meet strict deadlines, and appear before a judge who holds real discretion over the outcome. Some grounds carry a 30-day filing window. Others are waived entirely if a spouse continues to cohabit after learning of the defect. Getting the strategy right from the start is important to how the case proceeds.

Founding attorney Robert D. Clements, Jr. holds board certifications in both Personal Injury Trial Law and Civil Trial Law from the Texas Board of Legal Specialization, placing him among the top 2% of Texas attorneys. Those certifications reflect trial preparation standards that translate directly to contested annulment hearings, where presenting evidence before a judge is exactly what’s required. Our team (Robert D. Clements, Mark S. Byrne, and George A. Oggero, who also serves as a mediator) prepares every case as if it’s going to court, because sometimes it does.

We know Brazoria County District Court procedures and what judges expect in family law matters filed in Angleton. Fees are communicated upfront with no hidden costs. Attorney Clements holds an Avvo rating of 10.0 Superb and has received the Avvo Client’s Choice Award four times between 2019 and 2023.

Grounds for Annulment Under Texas Law

Texas recognizes seven grounds for annulment under Texas Family Code Chapter 6. Meeting a ground doesn’t mean a judge will grant the annulment, but no ground means no case. Here’s what each requires.

Underage marriage: One spouse was between 16 and 18 without parental consent or a court order. A parent, guardian, or next friend may file the petition. A suit filed by a next friend must be brought within 90 days of the marriage, and the right to seek annulment on this ground ends once the underage spouse turns 18.
Intoxication or drug impairment: The petitioner was too impaired to consent at the ceremony. There is no fixed filing deadline under Texas Family Code Section 6.105, but the petitioner must not have voluntarily cohabited with the other spouse after the effects of the alcohol or narcotics ended.
Permanent impotency: The condition existed at the time of marriage and was unknown to the petitioner. Continued cohabitation after discovery waives this ground.
Fraud, duress, or force: The fraud or coercion directly caused the decision to marry. There is no fixed filing deadline under Texas Family Code Section 6.107, but the petitioner must not have voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.
Mental incapacity: A spouse lacked the capacity to understand or consent to marriage at the time of the ceremony because of a mental disease or defect. There is no fixed filing deadline under Texas Family Code Section 6.108, but the right to annulment is waived if the incapacitated party voluntarily cohabits with the other spouse after regaining capacity.
Concealed recent divorce: The other spouse hid a divorce finalized within 30 days before the marriage. Must be filed within one year of the marriage date.
Marriage within 72 Hours of License Issuance: Texas requires a 72-hour waiting period between license issuance and the ceremony. Exemptions exist for active military personnel and those who completed a state-approved premarital education course. The petition must be filed within 30 days.

Texas also recognizes void marriages, which are automatically invalid regardless of court action. Bigamy and marriage between close relatives under Texas Family Code sections 6.201 and 6.202 fall into this category. A void marriage may require a separate suit to have it formally declared invalid rather than an annulment petition.

Annulment vs. Divorce in Texas

Both end a marital relationship, but they operate differently. Divorce ends a legally valid marriage. Annulment declares the marriage was never valid. That difference shapes the rules that apply.

Residency & Waiting Periods
Texas divorce requires six months of state residency and a 60-day waiting period after filing. Annulment has no residency waiting period, though the petitioner or spouse must live in Texas at the time of filing, or the marriage must have occurred here.

Property Division
Divorce divides marital property under Texas community property rules. Annulment aims to restore each party to their financial position before the marriage, with courts applying equitable principles rather than community property rules. A putative spouse who genuinely believed the marriage was valid may still receive community property protections even after the marriage is declared invalid.

Spousal Support
Spousal maintenance available after divorce generally doesn’t apply after an annulment.

Children
Custody, visitation, and child support are addressed through a Suit Affecting the Parent-Child Relationship (SAPCR) joined with the annulment petition.

Common Law Marriages
If a couple established a common law marriage in Texas by representing themselves as married, living together, and agreeing to be married, a formal divorce is required to end that relationship. Annulment isn’t an option.

When Annulment Isn’t Available
If no qualifying ground exists, divorce remains the available path regardless of how brief the marriage was. Marriage duration alone is not a ground for annulment in Texas.

What Sets Us Apart

Double Board-Certified

Robert D. Clements, Jr. is part of the top 2% of attorneys double board-certified in Personal Injury and Civil Trial Law.
Trial-Ready, Battle-Tested

Our experienced attorneys prepare every case as if it’s going to trial, ensuring we’re ready to fight—and win—when it matters most.
Personal, Direct Access

At our firm, you're not just a number. You can often speak with an attorney on day one and always reach a real person when you call.
Client-First Approach

You're not just a number; we truly care about every client, providing personalized support and honest advice at every step.

Trusted By Texans Since 1985

Advocates Who Truly Care

Read 5-Star Client Reviews

“My Attorney for 25 Years”
“I can't imagine life without my attorney, Bob Clements! He represents you as if you're his only client. He is an awesome attorney, but even a better person.”

Lorene H.
“A Caring Professional”
“Mr. Clements is a caring, punctual, intelligent and realistic professional. He dealt with my situation promptly and protected me from making mistakes. He made it go away before it even began.”

Denise L.
“Incredible Human Being”
“Bob is absolutely incredible as a human being and his job. 44 years and still at it, the dude loves helping people out. Divorce sucks. Let Bob help.”

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“Professional and Caring”
“I am very pleased with his counsel and the way he has handled my cases. I was able to settle both cases in my favor and even got to hear a judge apologize to me, and that's never happened to me before.”

John G.
“Truly A Brilliant Man”
“I have known Bob Clements for 15 years and he is truly a BRILLIANT man. His knowledge of the law and its practical application in today’s world is an immediate asset to his clients as well as his associates.”

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“I have no experience needing a lawyer, so he made me very calm, walking me through the process. He gave me all my options for my situation, dropped the lawyer act, and spoke to me like a person.”

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“He Won the Case”
“As a psychotherapist, I have had to go to court for various clients over the years. I have always compared their lawyers to Mr. Clements. Mr Clements wins every time, is the most honest lawyer, and a good man.”

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“Both attorneys were more than helpful. They took the time to speak with me and direct me in the right direction. They seemed to genuinely care about me and my situation.”

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The Annulment Process in Brazoria County

For Alvin residents, annulment cases are filed in the Brazoria County District Courts. The 300th District Court handles the majority of family law matters in the county, with proceedings in Angleton. Our attorneys know the local court procedures and what to expect at each stage of a family law case filed there.

The process begins with an Original Petition to Annul Marriage filed in the district court of the county where either spouse resides. The petition must clearly state the grounds and supporting facts. The respondent spouse is then served with legal notice through a constable, sheriff, or private process server, though a waiver of service is also an option if the spouse agrees to cooperate.

If the annulment is uncontested, the case can move to a hearing with a clear evidentiary record relatively efficiently. Contested cases require presenting evidence before a judge who has real discretion to grant or deny the petition. Our team prepares for that possibility from day one. Attorney George A. Oggero’s background as a mediator also creates an option for resolving disputes without a full contested hearing when both parties are open to it.

When children are involved, a SAPCR establishing custody, visitation, and child support is joined with the annulment petition. Several grounds carry strict filing deadlines. Missing one bars the claim permanently, which is why early consultation matters on any time-sensitive ground.

Talk to an Annulment Attorney in Alvin Today

Annulment eligibility depends on facts that must be assessed early. If you’re in Alvin or the surrounding Brazoria or Galveston County area and you believe your situation may qualify, the sooner you get a clear answer, the more options you have.

Robert D. Clements Jr. Law Group, LLLP offers free initial consultations in person or virtually. You’ll reach a real person when you call, and you can often speak with an attorney on day one. We serve clients throughout Southeast Texas, and Spanish-language service is available.

Call (281) 809-0029 or use our online contact form to schedule your free consultation.

Void vs. Voidable Marriages & Common Annulment Misconceptions

Texas draws a clear legal line between void marriages and voidable marriages. Understanding which category applies changes the legal path forward.

A void marriage is automatically invalid under Texas law, regardless of whether a court has ever addressed it. Bigamy and marriages between close relatives under Texas Family Code sections 6.201 and 6.202 fall into this category. No court action is required to make these marriages invalid, but a formal suit to declare the marriage void is often necessary to clear the record, divide property, and address children’s rights.

A voidable marriage is treated as valid until a court declares otherwise through a formal annulment proceeding. Most of the seven grounds under Chapter 6 create voidable rather than void marriages. A voidable marriage can also be ratified: if a spouse continues to cohabit voluntarily after learning of fraud, intoxication, or impotency, the right to annulment on that ground is typically waived entirely.

Misconceptions Worth Addressing

Short marriages don’t automatically qualify. Texas law has no provision allowing annulment based solely on brief marriage duration. If no qualifying statutory ground exists, the available path is divorce, not annulment.

Religious annulment is a separate process. A church or faith community’s annulment addresses spiritual standing within that institution. It has no effect on legal marital status. Parties who want both outcomes must complete each process separately.

Common law marriages require divorce. A couple who established a common law marriage in Texas by agreeing to be married, living together, and holding themselves out as married can’t end that relationship through annulment. A formal divorce is required.

Property division in annulment isn’t automatic. Courts apply equitable principles to restore each party to their pre-marriage financial position. A putative spouse who genuinely believed the marriage was valid in good faith may still receive community property protections even after the marriage is declared invalid.

Get Real Help Today

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Have questions? Ready to get started? Call (281) 809-0029 today or fill out the form below to schedule a consultation.

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