Annulment is a legal process that declares a marriage null and void, as if it never existed. In Texas, there are specific grounds for annulment outlined in the Texas Family Code. These grounds range from underage marriage to mental incapacity. Understanding these grounds and the specific time frame for filing a petition for annulment is crucial. In this article, we’ll delve into the eight grounds for annulment in Texas and how The Blacknall Firm can assist those seeking an annulment.
1. Underage Marriage: If one party was under 18 years old at the time of marriage without parental consent or a court order, an annulment can be granted. A parent, “next friend,” or managing conservator/guardian must file a petition for annulment within 90 days of the marriage. After turning 18, the individual cannot file for annulment.
2. Discretionary Annulment: For underage marriages, Texas courts can weigh the welfare of the parties and consider if the female is pregnant before deciding on annulment.
3. Marriage Under the Influence: If one party was under the influence of substances during the marriage and couldn’t consent, an annulment is possible. The petition must be filed within 90 days of the marriage.
4. Impotency: A marriage can be annulled if one party was permanently impotent at the time of marriage and the other party was unaware. The petition must be filed within 90 days of discovering the impotency.
5. Fraud, Duress, or Force: Marriages entered into because of fraud, duress, or force can be annulled. The petition should be filed within 90 days of discovering the fraud, duress, or force.
6. Bigamy: If either party was already married when the current marriage took place, it can be annulled. The petition must be filed within 90 days of discovering the bigamy.
7. Incest: Marriages between parties related within the third degree of affinity or consanguinity can be annulled. The petition should be filed within 90 days of discovering the relationship.
8. Mental Incapacity: If a party was mentally incapacitated due to illness or disability at the time of marriage, the marriage can be annulled. The petition should be filed within 90 days of discovering the incapacity.
Conclusion: Annulment differs from divorce and applies to specific situations. If you’re considering an annulment in Texas, contact The Blacknall Firm for a consultation. Our experienced attorneys will assess your situation and guide you through the process.
