Divorce vs Annulment in Texas: Know the Difference

Both divorce and annulment have the same effect, and that is to dissolve a marriage. Yet, we at the Warner Law Firm always tell our clients in the Amarillo, TX area that there are still distinct differences that need to be remembered.


Technically, if you’re filing for annulment, the previous marriage is treated like it never existed. There are rare exceptions wherein a court treats marriage as ‘invalid’ and can be annulled. Otherwise, for valid marriages, spouses need to seek out a regular divorce.


Divorce vs Annulment in Texas


It is crucial to know that Texas is a no-fault divorce state. Both parties can file for divorce if both consider that their marriage is beyond repair.


Annulment is a legal proceeding that erases an invalid marriage. This means that the marriage should not have taken place at all. As a result, it cancels the marriage altogether. After the entire process couples can acknowledge that they are never legally married. Some prefer annulment over divorce because of the negative stigma that comes with the latter.


Either marriage is canceled through annulment or divorce. Both parties need to contend with the division of property , child support , and custody agreements .


Grounds for Annulment According in Texas


Only marriages who qualify as one of the following reasons may be eligible for annulment. Here are the legal grounds according to the Texas State Law:


  • Bigamy
  • Underage parties
  • Impotence
  • Marriage less than 30 days from the exact date of a previous divorce
  • Marriage less than 72 hours after receiving your previous license
  • Fraud
  • Forced marriages
  • Incestuous marriages
  • Marriage to the other party who is mentally ill, or emotionally distressed
  • Marriages when either party is intoxicated thus unable to give consent


Going through the process of either annulment or divorce can be challenging. At this point, you need to carefully weigh your options. Mike Warner of the Warner Law firm can provide legal help to ensure that clients get the right support they need in this incredibly difficult time. Call us today for a free consultation so you can learn more about your options.

December 22, 2025
Were you recently injured due to the negligence of another party? We hope not, but we understand that these types of incidents can occur at any time. In fact, you are probably eager to do whatever it takes to get healthy and return to your normal life as soon as possible. That’s all fine and good, but do not let the clock run out on your personal injury claim in Texas. A statute of limitations may sound confusing, but it affects your right to pursue compensation. Here’s what you need to know, broken down in simple terms so you can protect your rights in Texas. What Is the Statute of Limitations? Before we jump into Texas law, let’s first discuss the basics of statutes of limitations. Simply put, it is a countdown. Statutes of limitations are laws that limit the time within which you can file a lawsuit in court. The time usually starts running on the date of the injury. If you miss the deadline, a judge will almost certainly dismiss your case, even if you have a strong claim, and serious injuries. There are very limited exceptions to this rule, which we will discuss below. The purpose of a statute of limitations is to make sure people bring their lawsuits when evidence is still available, and witnesses still remember the accident. The Standard Two-Year Time Limit for Texas Personal Injury Claims Texas has a two-year time limit for almost all personal injury cases, regardless of the type of case or the cause of the accident. The two-year time limit applies to all car accident cases, slip and fall injuries, trucking accidents, and any other type of personal injury case where a negligent person or company causes you injuries and losses. Therefore, you have two years from the date of the accident to file a lawsuit in Texas. For example, if you were injured in an accident that happened on January 15, 2025, you must file a lawsuit before January 15, 2027, or your case will be dismissed. Two years might seem like a long time, but it will take time to figure out how to build a case. It is important to preserve evidence, gather information, negotiate with the insurance companies, and of course, you also need time to recover from your injuries. For this reason, you should contact a lawyer immediately.
December 8, 2025
Life does not stop, no matter how many court orders are signed. After you have gotten a divorce or finished a custody case, chances are that things will change. Perhaps you lost a job, got a new promotion, or maybe your child’s circumstances have altered in ways that you can’t have predicted. When that happens, your original child support order may quickly fall out of sync with your current situation. If you are in this boat and wondering what to do about it, you are in the right place. In this guide, we will take you through the process of getting your child support modified in Texas. We’ll cover the rules on when and how this can happen, along with some of the most common reasons modifications are granted and what you need to do if you want to get started. Grounds for Modification in Texas The first thing to keep in mind is that a child support order cannot be changed at will or without good reason. The state of Texas has specific guidelines about what sort of changes in your situation are significant enough for a modification to be considered. The standard is a “material and substantial change” in your life, your child’s life, or the other parent’s life since the last court order. 
November 14, 2025
Learn how alimony (spousal support) works in Texas, who qualifies, and how courts decide payment amounts and duration. Get expert legal help from The Warner Law Firm to protect your rights in divorce and spousal maintenance cases.