Divorce - Texas Presumptions

All marriages are presumed valid. Proof may be through a certificate or testimony. A divorce in Texas is required to terminate all marriages unless one party resides out-of-state and satisfies statutory jurisdiction requirements. 

Divorce in Texas - Annulment

The effect of annulment, as compared to a divorce in Texas, is to invalidate a marriage as if it never occurred. For an annulment proceeding, either the ceremony must have been conducted while one party was domiciled within the state, or is currently domiciled within the state. Courts favor validity, and require clear and convincing proof of grounds to set aside the presumption. Acceptable proof is easily provided if one party is under age or the ceremony occurred within 72 hours after the certificate was issued. More difficult grounds include intoxication, fraud, duress, and impotency.

Divorce in Texas - tips:

• A Texas divorce decree is required to terminate future liability for community income.
• For regulation of fees paid to a divorce attorney, Texas relies on the State Bar.
• A Texas uncontested divorce requires a written waiver of service and appearance in a form acceptable to the court.