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Obtaining an Annulment in Texas

Posted on in Divorce

Austin Family Law AttorneyGiven the high rate of divorce in the United States, it is often no surprise when we hear about a married couple who are splitting up. And while most of those couples do chose to legally dissolve their marriage via the divorce process, there are situations where it may be better to declare the marriage invalid. This can be in certain circumstances by going through the annulment process.

Grounds for an Annulment in Texas

Texas law does not make it easy to obtain an annulment and there are very specific requirements a person must meet in order to do so. The following are the only circumstances the state recognizes as grounds:

  • One or both spouses was under the age of 18 – If either of the spouses was over 16 years of age but under 18 and there was no parental consent or a court order approving the marriage.

  • Failure to disclose recent divorce – If one spouse did not know the other spouse has been granted a divorce within the prior 30 days or less of their wedding.

  • Fraud – If one spouse used fraud, force, or duress on the other spouse to agree to the marriage.

  • Alcohol or drugs – If one spouse was under the influence of alcohol or drugs during the wedding.

  • Impotency – If one spouse was not aware the other spouse was impotent at the time of marriage.

  • Mental incompetence – If one spouse did not have the mental capacity to consent to the marriage or understand what was occurring.

  • Failure to abide by waiting period – If the marriage took place less than 72 hours after the couple had obtained their marriage license.

Why Get an Annulment Instead of a Divorce?

The point of a divorce is to end a valid marriage, but if a marriage was never actually valid to begin with, then obtaining an annulment is the appropriate legal route to take. This can be especially important if there are high assets involved.

Texas is a community property state, which means that any assets or property obtained during the marriage would be split 50/50 in a divorce. If the marriage is declared invalid, then there is no division of assets or property.

Another reason why couples seek an annulment over a divorce is due to religious reasons. Some religions do not recognize divorce.

Contact a Texas Family Lawyer

If you would like to learn more about annulments and if obtaining one would be more appropriate for your situation, call Powers and Kerr, PLLC at 512-610-6199 to schedule a confidential consultation with one of our Austin, TX family law attorneys. Keep in mind that there are stringent statute of limitations involved in obtaining annulments, depending on the grounds it is filed on, so do not delay.

 

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

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