There are 9 grounds for annulment in Texas outlined in the Texas Family Code. These grounds include:

  1. Underage marriage: A court can grant an annulment if one of the parties was under the age of 18 at the time of the marriage and the marriage took place without parental consent or court order. A petition for annulment can be filed by a parent, a “next friend” acting on behalf of the underage party, or a managing conservator/guardian within 90 days of the marriage. However, once a person turns 18, a petition cannot be filed to annul the marriage.
  2. Discretionary annulment: A Texas court can issue an annulment to a marriage if one of the parties is underage. The court has the discretion to consider the welfare of the parties and whether the female is pregnant before deciding whether to annul the marriage.
  3. Marriage under the influence: A court can annul a marriage if one of the parties was under the influence of substances at the time of the marriage and did not have the capacity to consent to the marriage. However, the petitioner must also be able to prove that they have not voluntarily cohabited with the other party since the time of the marriage. A petition for annulment must be filed within 90 days of the marriage.
  4. Impotency: A court can grant an annulment on the grounds of impotency if one of the parties was permanently impotent at the time of the marriage, the petitioner did not know of the impotency at the time of the marriage, and the petitioner has not voluntarily cohabited with the other party since making this discovery. A petition for annulment must be filed within 90 days of the discovery of the impotency.
  5. Fraud, duress, or force: A court can annul a marriage if one party entered into the marriage as a result of fraud, duress, or force. The fraud must go to the essence of the marriage, and the duress or force must have been sufficient to overcome the free will of the victim. A petition for annulment must be filed within 90 days of discovering the fraud, duress, or force.
  6. Bigamy: A court can annul a marriage if either party was already married at the time of the current marriage. A petition for annulment must be filed within 90 days of discovering the bigamy.
  7. Incest: A court can annul a marriage if the parties are related within the third degree of affinity or consanguinity. A petition for annulment must be filed within 90 days of discovering the incestuous relationship.
  8. Mental incapacity: A court can annul a marriage if one party was incapacitated due to mental illness or developmental disability at the time of the marriage. A petition for annulment must be filed within 90 days of discovering the mental incapacity.
  9. Marriage between persons of the same sex: A court can annul a marriage between persons of the same sex, as same-sex marriage is not recognized in Texas. A petition for annulment must be filed within 90 days of the marriage.

It is important to note that a petition for annulment must be filed within certain time limits and can only be granted under certain circumstances. Annulment is different from divorce, which is the dissolution of a more established marriage. If you are seeking an annulment in Texas and would like to schedule a consultation with The Blacknall Firm, please do not hesitate to contact us. Our experienced attorneys will be able to assess your situation and advise you on the best course of action.