Picture of Attorney Daniella Lyttle


Annulment in Texas An annulment is distinctly different from a divorce. In a divorce, a dissolution of the marriage occurs, which means that in the eyes of the law, you were still married at one point in your life. In an annulment, the marriage is considered null and void from the beginning, and legally, you have never been married.

There are several personal reasons why some people would choose annulment over divorce, whether it’s the social stigma of being a divorcee, or because some people find it easier to be able to remarry if they have an earlier marriage annulled, rather than have a divorce.

Criteria for AnnulmentHere in Austin, Texas, there are numerous qualifications that can allow a person to opt for an annulment rather than a divorce, however, it is up to the petitioner to present evidence that proves their eligibility for the annulment. These qualifications, as stated in Chapter 6 of the Texas Family Code, include:
  • The inability to obtain a legal divorce (for example, if your county does not recognize a legal divorce);
  • Fraud and material misrepresentation which induced spouse to marry. Examples of fraud include, for example, non-disclosure of a prior marriage by your spouse, or of children from a previous marriage; Non-disclosure of having divorced another person within 30 days of your marriage;
  • The use of duress or force;
  • You or your spouse being under the age of 16 when the marriage took place;
  • Getting married within 72 hours of receiving your marriage license;
  • Mental incapacitation to understand the responsibilities and duties of marriage due to mental illness;
  • Either parties being under the influence of drugs or alcohol during the marriage, and did not have the ability to consent;
  • Your spouse suffering from impotency and spouse did not cohabit voluntarily after learning about impotency;
  • An incestuous relationship;
  • Non-disclosure of a felony conviction or addiction;

In summary, there are seven major grounds for annulment that involve marriage of an underage spouse, influence of drugs and alcohol, impotency, fraud, duress, force, mental incapacity, concealed divorce and marriage less than 72hours after the license.

Once you are able to prove that you entered the marriage without being aware of these circumstances, you are eligible for an annulment. However, there are guidelines for qualifying under several of the circumstances above. There are many fact scenarios that may qualify for annulment. For example, if you enter into a marriage under the influence of alcohol or drugs, but then willingly lived with your spouse after sobering up, then you are no longer eligible for annulment under the intoxication qualification.

Determining if you are qualified for annulment in Texas requires careful review of the facts involved. Our experienced Texas divorce and annulment attorney can help you sort of the facts and determine eligibility. Attorney Daniella Lyttle and her staff here at Lyttle Law Firm are dedicated to finding the best legal solution for your marital problems.

Client Reviews
"Before finding you, I had contracted three different lawyers. You were able to quickly resolve and settle a case that I thought was impossible for settle. Because of your expertise and your professionalism, I was able to save thousands of dollars that I can now dedicate to my family. You were sharp, creative, and a strong advocate for me and my family in the Courtroom and in negotiations with the opposing side. Thank you so much for the work that you do!" T.F.
"Daniella, you helped me during the darkest and most difficult time in my life. You were always honest, gave me realistic expectations, and you were prepared for anything in the Courtroom and out of the Courtroom. I will be forever grateful for what you did for me and my children. Because of you, I feel that I got a settlement that will put me on the right path for this next chapter of my life as a divorced parent. Thank you and your wonderful team! you all are great!" A.R.
"Ms. Lyttle's name was given to me by a mutual friend who described Ms. Lyttle as an intelligent lawyer with an athlete's competitive spirit. Ms. Lyttle was a wonderful representative of calm preparedness during what became a lengthy and tenacious divorce litigation. I appreciated her knowledge, her calmness despite the fact that I was very anxuous, and her polite and respectful attitude in the courtroom, and outside of it. Ms. Lyttle helped me to stay focused on the larger picture, and her experience and advice came to me at a time when I was desperate and depended on her. I am glad to report I placed my trust in someone who actually delivered." R.E.
"I have known Ms. Lyttle for more than two years. She has represented me in my divorce and then in my modification/enforcement case in the most proffessional manner. Ms. Lyttle's ethics are of the highest standards. Her friendship , courtesy ,knowledge and honesty have become very important to me during the last two years as she represented me in my family law case. I have recommended Ms. Lyttle to a many friends facing family law matters and I know I can count on Ms. Lyttle should I need her again in the future." A.W.