Legal Separation and Annulment in Texas
Whether Texas offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Texas law does not provide a legal separation proceeding. Chapter 6 of the Family Code covers only divorce, annulment and declaring a marriage void. While a divorce is pending, the court can issue temporary orders. Tex. Fam. Code Chapter 6 (Subchapters A–I, including Subchapter F, Temporary Orders)
| Legal separation | Texas law does not provide a legal separation proceeding. Chapter 6 of the Family Code covers only divorce, annulment and declaring a marriage void. While a divorce is pending, the court can issue temporary orders. |
|---|---|
| Annulment | A court may annul a marriage when: a party aged 16 or 17 married without parental consent or a court order (a next friend must file within 90 days); a party was under the influence of alcohol or narcotics and could not consent; a party was permanently impotent and the other did not know; fraud, duress or force was used; a party lacked mental capacity; the other party concealed a divorce from someone else within 30 days before the wedding (must file within one year); or the ceremony took place within 72 hours after the license was issued in violation of the waiting rule (must file within 30 days). For most grounds, the filing spouse must not have voluntarily lived with the other after learning of the problem. Separately, marriages between close relatives and bigamous marriages are void. |
Where to get help in Texas
More Texas divorce & family law
- Getting a Marriage License in Texas
- Adopting a Child in Texas
- Guardianship of a Child or Adult in Texas
- Establishing Paternity in Texas
- Changing Your Name in Texas
- Child Custody Laws in Texas
- How Child Support Is Calculated in Texas
- Divorce Records in Texas
- Alimony and Spousal Support in Texas
- How to File for Divorce in Texas
- All Texas divorce & family law rules
FAQ
Can you get a legal separation in Texas?
Texas law does not provide a legal separation proceeding. Chapter 6 of the Family Code covers only divorce, annulment and declaring a marriage void. While a divorce is pending, the court can issue temporary orders.
What are the grounds for annulment in Texas?
A court may annul a marriage when: a party aged 16 or 17 married without parental consent or a court order (a next friend must file within 90 days); a party was under the influence of alcohol or narcotics and could not consent; a party was permanently impotent and the other did not know; fraud, duress or force was used; a party lacked mental capacity; the other party concealed a divorce from someone else within 30 days before the wedding (must file within one year); or the ceremony took place within 72 hours after the license was issued in violation of the waiting rule (must file within 30 days). For most grounds, the filing spouse must not have voluntarily lived with the other after learning of the problem. Separately, marriages between close relatives and bigamous marriages are void.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.