Can You Get an Annulment?
Not only aren’t all divorces created equally, every single divorce is unique unto its own circumstances and is as personal and individual as the two spouses involved. Nonetheless, there are distinct …
Does your marriage qualify for an annulment? While it seems like many people have heard about annulments and might know what the effect of an annulment is, courts rarely grant them. However, if you do qualify for one and you would like to end your marriage, it is likely something you want to take advantage of because the process is extremely streamlined in comparison to divorce.
Annulment Is Generally Based on Capacity of the Parties
In order for two people to get married, they both must have the capacity to agree to marry. If the parties did not have the requisite capacity, they generally are eligible to have the marriage annulled.
Specific Grounds for Annulment
Texas law provides that an annulment may be sought in the following circumstances:
- When one of the spouses is at least 16 years old and under the age of 18 and entered into the marriage without a court order or parental permission. A parent or other party may file for the divorce within 90 days from the date of the marriage.
- If the party seeking the annulment was under the influence of drugs or alcohol at the time of the marriage.
- If the party seeking the marriage did not know of the permanent impotency of either spouse.
- The marriage was entered into under fraud, duress or force.
- If the party seeking the annulment did not have the mental capacity to consent to marriage because of a mental condition at the time of the marriage.
- If the party seeking divorce did not know that the other spouse had obtained a divorce less than 30 days before the marriage. In this case, you have one year to bring a suit for an annulment.
- If the parties did not wait 72 hours from being issued a marriage license to get married, an annulment can be brought within 30 days of the marriage.
- If a ground for annulment is present, the party seeking the annulment cannot have voluntarily lived with the other spouse after learning of the ground.
Why Is an Annulment Preferred?
Texas treats an annulled marriage as if it never existed. That idea appeals to people who want to get out of a marriage with as little legal consequence as possible.
Contact a Sugar Land, TX Divorce Attorney
There are cases where an annulment may be possible. If you are considering a divorce or annulment, contact Sugar Land, TX divorce attorney Frank J. Vendt, Jr. at The Vendt Law Firm, P.L.L.C. at (832) 276-9474 to have your case evaluated.