Under certain circumstances, an annulment may be possible for some couples. If a marriage is annulled, it's as if the marriage didn't exist because it was illegal under state law. Texas divorce courts may declare a marriage void and automatically annulled if:
- The spouses are related
- One spouse was still legally married
- The marriage was between a stepparent and stepchild
- One party was under 16 and didn't have a court order
A marriage is voidable and the Texas divorce court may grant an annulment if:
- One spouse was 16 or 17 and the marriage occurred without parental consent or court order, but the annulment can't be filed after the person's 18th birthday
- One of the parties lacked capacity to consent to the marriage because he or she was under the influence of drugs or alcohol and the other party hasn't voluntarily cohabited with the party lacking the capacity since the effects of the alcohol or drugs ended
- Either party was permanently impotent at the time of the marriage and the other party hasn't voluntarily cohabited with the other party since learning of the impotency
- Fraud, duress or force was used to induce one of the spouses into the marriage and there hasn't been voluntary cohabitation since learning of the fraud, duress or force
- One party was unable to consent to the marriage because of a mental disease or defect
- The marriage occurred within the 30 day Texas divorce waiting periods and one party didn't know and shouldn't have known of the divorce and hasn't voluntarily cohabited with the divorced party since learning of the divorce - suit must be brought within one year of the marriage
- The marriage happened 72 hours of the issuance of the license - suit must be brought within 30 days after the marriage
To learn more about whether your marriage could be annulled by the Texas divorce courts, speak with a local Texas divorce lawyer. You can also find out more about whether Texas accepts legal separation and how to define workable terms. Find a Texas divorce lawyer near you by calling 877-349-1310 or filling out a Texas divorce case review form. Get your questions answered today.
Related Divorce News and Information
The above synopsis of Texas divorce laws is by no means
all-inclusive and has been adapted from applicable state laws. These
laws may have changed since our last update and there may be additional
laws that apply in your situation. For the latest information on these
divorce laws, please contact a local Texas divorce lawyer in your
Texas divorce laws were last updated May 2009.
Keep in mind that all divorce laws are complex. If you need legal
divorce advice or want to fully understand how these laws affect you,
please speak with a local divorce attorney.