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Texas Annulment and Prohibited Marriage Laws

In Texas, annulment and prohibited marriage laws are not that different from those of other states. Annulment, the legal process of invalidating a marriage, can be obtained if the marriage was coerced or if there was a previous unresolved marriage, to name a couple of examples. Additionally, Texas prohibits marriage between close relatives (brother and sister, for example) and its same-sex marriage ban is currently under judicial review.

Learn more about Texas annulment and prohibited marriage laws in the table below. See Marriage Law Overview for more general information.

Code Section Fam. §1.102; §§6.201, et seq.; 6.101, et seq.; §2.001
Grounds for Annulment Unless ratified: underage; under influence of alcohol and drugs; impotency (mental or physical); fraud; duress, or force; mental incompetence; concealed divorce which occurred within 30 days preceding marriage; marriage took place within 72 hours after marriage license; previous marriage undissolved (most recent marriage presumed valid until valid prior marriage proven)
Time Limits for Obtaining Annulment Underage: Suit to annul must be brought within 90 days of fourteenth birthday of the underage party or 90 days of when petitioner knew or should have known (but not after 18th birthday); Concealed divorce: before 1st anniversary of marriage
Legitimacy of Children -
Prohibited Marriages

Between ancestor and descendant, brother and sister (by whole, half-blood, or adoption), aunt and nephew, uncle and niece; *same sex; bigamous (but becomes valid after dissolution of 1st marriage if parties live together and present themselves as married)

*A federal court found Texas' ban on same-sex marriage unconstitutional. The state's ban remains, pending further judicial review.

Note: State laws are constantly changing -- contact a Texas family law attorney or conduct your own legal research to verify the state law(s) you are researching.

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