Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Voiding a Marriage in Texas

ATTORNEYS IN DALLAS

Texas law makes a distinction between annulment and a court declaration that a marriage is void

Voiding a Marriage

In some divorce cases, one party may ask that the court deem their marriage invalid from the time it began. To declare a marriage void will consider that the marriage was not valid from the beginning and therefore, legally never existed. Invalidating or voiding a marriage can have significant ramifications for the spouse and any children that came from the marriage. When entering into a divorce of this nature, its crucial for both parties to understand their rights and obligations.

Procedure for Seeking a Voided Marriage

The residency requirements that apply to divorce proceedings in Texas do not extend to suits filed to declare a marriage void. Parties seeking to declare their marriage void may do so if either of them resides in Texas or if they got married in Texas. The suit may be filed in the county where the relevant facts or acts occurred or where either party lived at the time of the marriage. Unlike divorce proceedings, there is no waiting period mandated between filing the suit and the court's declaration of the marriage void, although there may be a slight delay due to the court's schedule. If a party does not meet the criteria for a void marriage, they may still seek annulment or divorce.

Despite having similar outcomes, divorce and void marriage suits have fundamental differences. A divorce brings an end to a valid marriage, whereas a void marriage is deemed invalid from the start. Legally, a void marriage is treated as if it never occurred.

Grounds for Declaring a Marriage Void

Texas law provides four reasons for declaring a marriage void, including bigamy, incest, marriage to a spouse under 18 years who is not legally emancipated, and a stepparent and stepchild relationship between the spouses, which can be declared void through a parent-child relationship lawsuit.

In determining property rights, the court will evaluate whether the party seeking a void marriage acted in good faith, meaning that they were unaware of facts that would make the marriage invalid and considered themselves a putative spouse. However, if they were aware of such facts and still entered into the marriage, their relationship will be considered meretricious. This differentiation is crucial, as putative spouses are generally entitled to similar property rights as divorcing spouses, whereas those in a meretricious relationship are not eligible for spousal maintenance.

6 Reasons for Annulment or Voiding a Marriage

In Texas, there are two categories of marriages which are declared void as they are against the law and marriages that are voidable—meaning that judge may annul those marriages under certain circumstances:

- A spouse is too young
- A spouse was mentally incapacitated
- A spouse is impotent and the other spouse did not know
- Marriage was forced under duress or threat of violence
- Concealed Divorce in a 30 day window
- Married before 72 hour license waiting period

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

Although it is uncommon for couples to attempt to nullify their marriage, there are situations where it may become necessary. If you are considering initiating legal action to declare your marriage void or have received legal documents from your spouse indicating such intentions, it is advisable to consult with an attorney. The attorneys at Wilson Whitaker Rynell can review the circumstances of your case and provide guidance on how to achieve your desired outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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