Annulment is a legal process that declares a marriage null and void, as if it never existed. In Texas, there are nine grounds for annulment outlined in the Texas Family Code. These grounds vary from underage marriage to mental incapacity and require specific circumstances to be met before an annulment can be granted. It’s essential to understand the grounds for annulment and the specific time frame for filing a petition for annulment. This article will discuss the nine grounds for annulment in Texas, important considerations, and how The Blacknall Firm can help those seeking an annulment.
Grounds for Annulment
- Underage marriage: If one party was under 18 years old at the time of marriage and the marriage occurred without parental consent or court order, a court can grant an annulment. A parent, “next friend,” or managing conservator/guardian can file a petition for annulment within 90 days of the marriage. However, after a person turns 18, they cannot file for annulment.
- Discretionary annulment: If one party is underage, a Texas court can use its discretion to consider the parties’ welfare and whether the female is pregnant before deciding to annul the marriage.
- Marriage under the influence: A court can annul a marriage if one party was under the influence of substances at the time of marriage and unable to consent. The petitioner must also prove that they did not voluntarily cohabit with the other party since the marriage. A petition for annulment must be filed within 90 days of the marriage.
- Impotency: If one party was permanently impotent at the time of marriage, and the petitioner was unaware of this, a court can grant an annulment. The petitioner must not have voluntarily cohabited with the other party since discovering the impotency. A petition for annulment must be filed within 90 days of the discovery of impotency.
- Fraud, duress, or force: If one party entered into marriage due to fraud, duress, or force, a court can grant an annulment. The fraud must go to the essence of the marriage, and the duress or force must have been sufficient to overcome the victim’s free will. A petition for annulment must be filed within 90 days of discovering the fraud, duress, or force.
- Bigamy: If either party was already married at the time of the current marriage, a court can annul the marriage. A petition for annulment must be filed within 90 days of discovering the bigamy.
- Incest: If the parties are related within the third degree of affinity or consanguinity, a court can annul the marriage. A petition for annulment must be filed within 90 days of discovering the incestuous relationship.
- Mental incapacity: If one party was incapacitated due to mental illness or developmental disability at the time of marriage, a court can annul the marriage. A petition for annulment must be filed within 90 days of discovering the mental incapacity.
- Marriage between persons of the same sex: A court can annul a marriage between persons of the same sex since same-sex marriage is not recognized in Texas. A petition for annulment must be filed within 90 days of the marriage.
Important Considerations
It’s important to remember that a petition for annulment must be filed within a specific time frame and can only be granted under certain circumstances. Annulment differs from divorce, which applies to more established marriages.
Contact The Blacknall Firm
If you’re seeking an annulment in Texas, contact The Blacknall Firm for a consultation with one of our experienced attorneys. We’ll assess your situation and recommend the best course of action.
