Schedule a Meeting
(833) 553-4251
Schedule a Meeting
(833) 553-4251
Divorces and annulments both end a marriage, but an annulment is legally different from a divorce. A divorce ends a valid marriage, keeping the existence of the marriage intact. In contrast, an annulment declares that the marriage was not valid. Once a person annuls a marriage, they can act as if it never occurred.
You have to meet specific requirements to qualify for an annulment. Discuss your options with an Austin annulment lawyer.
As the name suggests, an annulment declares that a marriage was null. To get an annulment, one of the parties must allege—and prove—that the marriage was not valid. However, an annulment does not necessarily return the parties to the position that they were in prior to the marriage. It can still involve the division of property and address other matters that are typically handled in a divorce. An Austin annulment attorney could help people understand whether annulment or divorce is more appropriate given their unique situation.
To get an annulment, one or both of the parties must show that the marriage was never valid. This can be complicated because a marriage may be invalid at the time of the marriage but validated by actions later in the marriage. Usually, the petitioner is the one to allege that the marriage was not valid.
Texas Family Code § 6.102 is particular about the grounds for an annulment—if the reason is not listed in the code, there are no grounds. Some common grounds for annulment include:
Underage marriage is grounds for an annulment. In Texas, a person can get married at 16 with parental permission. If they marry after they turn 16 but before they turn 18 without parental consent, then a parent, guardian, or other close adult can file a petition for an annulment. However, they must file the annulment petition before the underage child turns 18.
Marriage while a person is intoxicated—either with alcohol or narcotics—may be invalid. However, this can be tricky to demonstrate since Texas has a waiting period between when the marriage license is issued and when someone can be married. Plus, if the person who was intoxicated chooses to remain in the marriage once sober, this can negate grounds for an annulment.
Permanent impotence is grounds for an annulment. The law uses the term “impotent” to describe a partner of any gender being unable to consummate the marriage. For an annulment to be granted, the impotence must have been undisclosed before the marriage, and the couple must not have continued to live together as spouses after discovering the condition.
Any wedding under fraud, duress, or force can be void. Some of these grounds are only temporary. For example, if one party conceals a divorce that occurred within 30 days prior to the marriage, the marriage is voidable, but only until the couple’s first anniversary. Likewise, if a couple marries within 72 hours of obtaining their marriage license, the marriage is voidable, but only within the first 30 days of the marriage.
If one spouse is still legally married to someone else at the time of the marriage, the marriage is voidable.
These include relationships by blood and adoption, including brothers, sisters, uncles, aunts, and cousins. It also includes current or former stepchildren or stepparents.
A seasoned Austin attorney could help determine if a marriage has grounds for an annulment based on the Texas Code.
Filing for an annulment without the help of a lawyer is never a good idea. You must allege—and prove—that the marriage is either void or voidable. Instead of tackling it alone, get the help of an Austin annulment lawyer from our firm. Schedule a consultation to discuss your case today.
N/a