An annulment is one of three ways in which you end a marriage in the state of Texas. The other two ways are if one or both spouses passes away—and the final way is divorce.
There is a considerable amount of misunderstanding and myths surrounding annulments, from how you obtain one and who is eligible to get one.
If your marriage is annulled, then it never legally happened. People are granted these because their marriage should never have happened.
Reasons Why
Changing your mind is not enough to grant you an annulment. There needs to be a statutorily-established reason, and the state of Texas will accept the following:
Age
If someone is too young (underage) to have been married, their parents can request an annulment because one person was never legally allowed to have been in that situation. In the state of Texas, you must be 18 to be married, and there is no longer an exception for parental consent.
Intoxication
Getting married while intoxicated (under the influence of alcohol or other substance) is a valid reason to seek an annulment. However, what happens after the wedding is essential. If you and your spouse moved in with one another after the intoxication ended, that would eliminate your grounds for seeking an annulment.
The same line of thought applies to impotence—which, in and of itself, is a legal reason for requesting an annulment. But the critical component is if you knew about it before or after the marriage took place. Your specific circumstances will need to be discussed with a family law attorney, but that could eliminate your ability to seek an annulment.
Fraud, Duress, or Force
A spouse can seek an annulment on the basis of fraud, duress, or force, but only if the spouse stopped voluntarily cohabitating with the other spouse upon discovery or cessation of the fraud, duress, or force.
Not only can one spouse file for an annulment because of fraud (the other withheld vital information), but you cannot be married to multiple people at the same time. However, if your partner’s prior marriage is dissolved and you continue to live as spouses, you will no longer be able to exercise your ability to file for an annulment because of bigamy.
Mental Incapacity
A marriage may also be annulled if a spouse lacks the mental capacity to agree to be married, and continues to lack the capacity to agree to cohabitate after the marriage. These annulment proceedings may be brought by the guardian or next friend of the incapacitated person.
Fraser, Wilson, & Bryan, P.C.
Obtaining an annulment in Texas is reserved for a narrow set of conditions, and timing is paramount. If you are trying to end your marriage, either through annulment or divorce, contact Fraser, Wilson, & Byran, P.C. to schedule your free consultation. Our team of professional attorneys is ready to assist you through this challenging period of your life.
