Obtaining an Annulment in Texas

 Posted on January 04, 2017 in Family Law

In some cases, separating couples are not required to go through the time-consuming process of a divorce, but instead can obtain an annulment. However, courts do not grant no-fault annulments, which means that in order to obtain an annulment, a couple must demonstrate that a marriage was void or voidable. Although annulling a marriage can save time and money in the long run, it is not the best course of action for every couple, so if you are considering ending your marriage, it is crucial to contact an experienced complex divorce attorney who can explain your options.

Void Marriages

In Texas, annulments can be used to invalidate two types of marriages, those that are considered void and those that are voidable. Void marriages are those that were never legal, which in Texas means that they were either incestuous or bigamous in nature. Most bigamy-related annulments involve situations where a party did not wait the required 30 days after the finalization of a divorce before marrying someone else. In these types of cases, the new spouse could legally annul the marriage. However, he or she would only have until the couple’s one year anniversary to do so.

Voidable Marriages

Unlike void marriages, voidable marriages are not against the law, although they can also be annulled. Voidable marriages include the following situations:

• One or both of the parties were under the influence of drugs or alcohol;
• One of the parties was tricked or coerced into the marriage;
• One of the parties lacked the mental capacity to enter into a legally binding marriage; and
• One of the parties is impotent.

However, even in these cases, a failure to take corrective action can result in the marriage becoming legal. For instance, minors are not permitted to get married without parental consent and so a guardian can have that union annulled, but only up until the minor turns 18 years old. Finally, when a couple decides to end a marriage within 72 hours of taking out a license, they can obtain an annulment as long as they complete the process within one month of the date of the marriage.

Even when a marriage is voidable, however, the spouse filing for an annulment must have stopped living with the other person immediately upon learning of the problem.

Contact an Experienced Complex Divorce Attorney Today

If you believe that you may be eligible for an annulment, please contact a passionate Williamson County complex divorce attorney at Powers and Kerr, PLLC to schedule an initial consultation. We are eager to help you today.

Sources:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm

https://www.texasattorneygeneral.gov/files/cs/13divorce.pdf