Filing the Petition with the Court

Once your Original Petition for Annulment is prepared and signed, you must file it with the district court to officially initiate your case. The filing process for annulment is the same as for divorce.

Court Selection

Which Court

File in:

  • District Courts: Most counties
  • County Courts at Law: Some designated counties
  • Family District Courts: Larger counties

Texas Divorce Express provides county-specific court information.

Which County

File in the county where either spouse meets the 90-day residency requirement.

Filing Methods

Benefits:

  • Immediate submission
  • 24/7 availability
  • Electronic confirmation
  • Faster processing

Systems:

  • eFileTexas.gov (statewide portal)
  • County-specific systems

In-Person Filing

Visit the district clerk’s office:

  1. Bring original petition and copies
  2. Submit during business hours
  3. Pay filing fees
  4. Receive file-stamped copies immediately

By Mail

Some counties accept mail filings:

  • Include petition and filing fee check
  • Include self-addressed stamped envelope
  • Allow extra processing time

Required Documents

Standard Filings

  • Original Petition for Annulment - Signed original
  • Civil Case Information Sheet - Case details
  • Copies - 2-3 copies for court and your records

County-Specific

  • Standing orders (if required)
  • Local forms
  • Additional information sheets

Texas Divorce Express includes all county-specific requirements.

Filing Fees

Standard Fees

Typically $250-$350 depending on county.

Major counties:

  • Harris County: ~$300
  • Dallas County: ~$315
  • Bexar County: ~$280
  • Travis County: ~$280

Fee Waiver

If you cannot afford fees, file a Statement of Inability to Afford Payment of Court Costs.

Court will:

  • Review your financial information
  • Grant waiver (no fees)
  • Deny waiver (must pay)
  • Defer fees (pay later)

After Filing

You Receive

  • File-stamped copy with filing date
  • Cause number (case identifier)
  • Court assignment (judge/court)
  • Citation (if requested for service)

Important Notes

No 60-day waiting period: Unlike divorce, annulment has no mandatory waiting period. However, you still need time to:

  • Serve your spouse
  • Gather evidence
  • Prepare for hearing
  • Schedule court date

Timeline varies:

  • Some annulments finalize in 30-60 days
  • Complex cases may take 90-180 days
  • Depends on evidence gathering and court schedule

Time Limits to Remember

If filing under specific grounds:

  • Marriage within 72 hours: Must file within 30 days of marriage
  • Concealed divorce: Must file within one year of marriage
  • Other grounds: File as soon as possible after discovery

Missing deadlines can permanently bar your annulment claim.

What if the deadline is shorter than the residency requirement? Some annulment grounds have deadlines shorter than the 90-day county residency requirement. For example, marriage within 72 hours of license issuance must be filed within 30 days of the marriage ceremony. In these situations, you must still meet residency requirements OR file in the county where the marriage ceremony took place. If you face a tight deadline, consult with an attorney immediately to determine the correct filing county.

After Filing Checklist

  • Obtain file-stamped copies (3-4 copies)
  • Note cause number and court assignment
  • Keep petition in safe place
  • If ground has time limit, confirm timely filing
  • Prepare for service of petition on spouse
  • Begin gathering evidence for hearing

Next Steps

With your petition filed, notify your spouse:

Next: Notification for the Other Party Back: Preparing Annulment Filing Documents

Common Questions

Does filing start a waiting period like divorce?

No. Annulment has no mandatory 60-day waiting period. However, practical considerations (service, evidence gathering, court scheduling) mean most cases take at least 30-90 days.

What if my time limit is about to expire?

File immediately. Even if your petition isn’t perfect, filing preserves your deadline. You can amend later if needed.

Can I file online from home?

If your county has e-filing, yes. Texas Divorce Express can assist with e-filing or handle it for you.

What happens if the clerk rejects my filing?

Review the rejection reason, correct the issue, and refile promptly. Common rejections: missing signatures, wrong forms, insufficient fees.

This information is for educational purposes and does not constitute legal advice. Filing requirements vary by county.