Legal Question in Family Law in Texas

Marriage Annulment

My husband say he is going to get annulment. I do not want one or a divorce. We have been married only 3 months and I want to work on it. We do not meet the general or specific TX criteria. Can he get one without my consent?


Asked on 11/12/08, 6:05 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Marriage Annulment

No. You will need to file a document called an ANSWER that consents the annulment or divorce.

In Texas, however, if one party wants a divorce, the divorce will be granted eventually. Texas does not require a person who wants to be divorced to stay married.

If you are both willing to work on the marriage (such as going to counseling) then most courts are very willing to allow the case to proceed at a slow pace. However, each court has different local rules.

If you are "served" (handed some papers by a Constable or process server) you MUST file an ANSWER or else the annulment and/or divorce may be granted without any other notice to you.

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Answered on 11/12/08, 10:33 pm


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