Deciding that you regret something is part of the human experience. Sometimes those decisions cannot be undone. However, in certain circumstances, you can correct a mistake. Today’s blog post from the Law Office of Bryan Fagan will discuss one of those decisions that can be undone. Marrying someone is a lifetime commitment. What can you do to erase a marriage like it never happened? An annulment is the way forward. Today’s blog post will focus on annulments and what you need to know about them.
Defining what an annulment is
On the blog for the Law Office of Bryan Fagan, we discuss divorce quite a bit. This is for good reason. Divorces are much more common than annulments. As a result, our attorneys tend to write about divorce quite a bit. One of the reasons that they are more common is that a divorce is much easier to get than an annulment. An annulment Is a legal process that ends a marriage. However, it is unlike a divorce—an annulment Perseids based on the status of how the marriage began.
When you file for divorce from your spouse you are seeking to end a valid marriage. On the other hand, an annulment aims to end a marriage that was never valid. For today’s blog post, the term “valid” means possessing all the necessary qualities that create a legal marriage. When you pursue an annulment, you are trying to convince a court that your marriage did not have all those qualities from the beginning of the relationship. As a result, you would be asking a court to declare that your marriage is invalid.
There are several reasons why a court may grant an annulment. Two of the more common reasons relate to you or your spouse being under the age of 18 or the influence of a controlled substance during the marriage ceremony. Impotence, fraud, lack of mental capability, or marrying within 72 hours of receiving a marriage license or also grounds for an annulment.
What do you have to prove to get an annulment?
You and your spouse can obtain an annulment in Texas so long as you were either married in Texas or if Texas is the residence for both of you. Whoever files the petition for annulment is known as the petitioner. The spouse who responds to the petition is known as the respondent.
Many people choose to file their annulment petition in the county where they got married. The alternative is to file the annulment in the county where both of you reside. Keep in mind that there are filing fees and court costs associated with an annulment. Speak with an experienced family law attorney about the specific costs in your area.
Annulments are handled by family courts. These are the same courts that handle divorce cases. Usually, these are Texas district courts. Depending upon the size of your county, however, it may be a county court at law or county court that handles your divorce.
Filing the petition for annulment is only the first step. Next, you need to serve your spouse with notice of the enrollment period this is done either by having a process server or constable pick the documents up from the courthouse to serve on your spouse. Alternative service methods are available if you are not able to locate your spouse. However, these methods are typically available only after due diligence is shown in attempting to serve him or her personally.
Handling an annulment when you or your spouse are under 18 years of age
One of the grounds for an annulment in Texas is for you or your spouse to be under the age of 18. Keep in mind that it is legal for a person 16 years of age or older to marry in Texas. However, if you or your spouse were at least 16 years old but not yet 18 years old then an annulment is possible. During this age, a person’s parents need to consent to the marriage. However, you would not be able to file the petition. Rather, a parent or guardian of the minor spouse would need to file the annulment. Additionally, the petition must be filed within 90 days of the marriage starting.
One factor to consider in all of this is that a judge will not automatically declare your marriage invalid. The judge will look at all the facts and circumstances of your case and make a decision. Bear in mind that if you or your spouse is pregnant then that will impact whether the annulment is allowed.
Obtaining an annulment when a spouse was under the influence of drugs or alcohol
As a rule, a person who is intoxicated cannot consent to marriage. So long as you have not acted like you were married to the other person since you regained sobriety then enrollment is possible. Additionally, you would need to show that you were impaired to the point where you were not able to consent to the marriage. Had you not been on drugs or intoxicated you need to show the court that you would not have gotten married. Living with your spouse as husband and wife after regaining sobriety would be one reason why the annulment would not be granted.
Impotency as the basis for an annulment
The inability to have sexual intercourse is how impotency is defined. At the time of your marriage if you or your spouse were impotent then an annulment may be granted by a court. So long as you have not consummated the marriage and will not be able to do so in the future your annulment may be granted. However, if you or your spouse knew of the other’s impotency before the marriage and still went through with getting married that may bar you from obtaining an annulment.
If you file for an annulment based on impotency you are arguing to the court that you would not have gotten married to the other person if you had known about their impotency. You may file for an annulment based on the importance of your spouse or yourself.
Fraud or duress as the basis for an annulment
You and your spouse must have voluntarily entered the marriage. In other words, if one of you were fraudulently induced into marrying then that has potential grounds for an annulment. Additionally, if you became married only after facing duress then that is also a ground for an annulment. Both of you must have freely entered the marriage and not been either forced or pressured into marrying. The pressure or force may have come from your spouse, a family member, or any other person or group of people.
In a legal sense, fraud means being lied to about a particular subject. It could also mean withholding information or hiding information that would have caused a different decision. In the end, if you can argue that the information withheld may have changed your mind about getting married then it would be possible to argue for an annulment.
Threats of violence or other pressure constitute duress legally. If you believed that you had to get married to avoid physical harm, then that would mean you faced duress. A classic example of duress in the context of a marriage is a so-called “shotgun” wedding. In a shotgun wedding, the father of the bride will force a young man to marry his daughter after discovering that the daughter is pregnant. This would be necessary because of the hesitancy of the young man to commit to the now-impregnated daughter.
Mental incapacity to agree to a marriage
At the time you got married were you capable of consenting? This is like being under the influence of drugs or alcohol. If your mental incapacity prevented you from giving consent then an annulment can be granted. Did you consent to the marriage? Were you or your spouse capable of understanding what the marriage ceremony was? These are the essential questions that you need to ask yourself to obtain an annulment.
Mental illnesses and injuries to the brain are two causes of the incapacity to consent to a marriage. For many people, having a condition like Alzheimer’s or dementia may also inhibit you from having the wherewithal to mentally consent to a marriage. Having the temporary inability to consent to a marriage is also possible. Once you or your spouse regain your senses you may file a petition to another marriage. Another individual in your life may seek guardianship over you or your spouse if you never can regain the mental acuity necessary to file an annulment petition.
Marrying too soon after obtaining a marriage license
The law in Texas is that you and your spouse must wait at least 72 hours after pinning a marriage license to get married. Marriage licenses are obtained through the county where you are resident. On occasion, active-duty military members or are there persons affiliated with the military may have this requirement waived. However, all others must wait 72 hours to marry after obtaining their marriage license. An enrollment petition must be filed within 30 days of the beginning of the marriage.
What is the timeline like for an annulment case in Texas?
In a divorce, there must have been at least 60 days between the annulment petition being filed and a divorce being granted. This sixty-day waiting period is essential for families to make sure that a divorce is in everyone’s best interests. For many spouses, the settlement may have been reached in just a few weeks. However, in most cases, a court will not waive the 60-day waiting period.
In an annulment, there is no waiting period. You may file your petition, serve your spouse, and seek a hearing as quickly as possible. The hearing is an opportunity for you to present evidence as to why the annulment should be granted. However, the reality is that Texas courts are quite busy period you may not be able to obtain a hearing for months after you filed for an annulment. It is best to work with an experienced family law attorney to give yourself the best chance to go to court as quickly as possible.
What happens to the children of your marriage?
By the time your annulment case goes before a court you and your spouse may have had children. In that situation, child custody issues must be addressed in the annulment. This is done within a Suit Affecting the Parent-Child Relationship (SAPCR). Topics like child support, visitation, access, and possession are all dealt with in suits affecting the parent-child relationship. Especially when you have minor children involved in the marriage having an experienced family law attorney helps. The number of issues in an annulment with children is always greater than in an annulment without children.
How do you proceed if you are not able to obtain an annulment?
As you may expect, it is not uncommon to find that you were not able to obtain an annulment. As we talked about earlier in today’s blog post there are limited circumstances under which you may obtain an annulment. We have just talked about what those circumstances are. Not only must you be able to file the annulment, but you have to be able to prove the allegations stated in your petition. Unable to do so? Then you need to look elsewhere to try and end your marriage.
For most Texans, a divorce is the way to end a marriage. The consequences of obtaining a divorce versus an annulment are significant. First, Texas laws on Community property division pertain to divorces. Whereas they do not pertain to an annulment. You will need to figure out how to divide property in debt because of the divorce. In truth, these considerations may be minimal considering the short length of your marriage. However, it is still a part of a divorce that you would not have had to worry about in an annulment.
There is also the waiting period associated with the divorce. Sometimes this waiting period is referred to as a “cooling off” period. In other words, you and your spouse will be able to reassess the situation and determine whether a divorce was in everyone’s best interests. This waiting period is 60 days. Unless domestic violence is an issue in the home it is rare for this 60-day waiting period to be waived. As a result, an annulment is a much faster process than a divorce.
Hiring an attorney for your annulment
For those of you who are eligible, an annulment is much more satisfactory in a marriage than a divorce. The divorce carries with it a greater degree of responsibility. Additionally, divorces tend to have greater financial significance in a larger time commitment. All in all, it is better to have your marriage ended by annulment versus a divorce. It is easier to walk away from an annulled marriage than a divorce. For this reason, preparing for an annulment can be a hugely consequential step for your family.
Reaching out to an attorney as soon as you believe an annulment may be possible is a key period recall that there is a deadline to file your annulment by. You cannot wait very long after your marriage begins to file for an annulment. Therefore, you need to figure out very quickly whether an annulment is possible. Going through all the facts and circumstances with your perspective attorney can be the difference between an annulment and filing for divorce.
Family law attorneys have the kind of experience you need in preparing for an annulment or a divorce. When time is of the essence you cannot simply wait and hope that the attorney knows what he or she is doing. The Law Office of Bryan Fagan Has this sort of experience you need to help determine whether an announcement is possible for your family. If not, then you can quickly shift to a divorce and move forward from there. In any event, there will not be wasted time when working with one of our attorneys in a family law case.
Questions about today’s blog post? Contact our office today
The attorneys with the Law Office of Bryan Fagan appreciate your time here on our blog today. Our attorneys post unique and informative blogs each day of the week. For more information on our office or how we can best serve you and your family contact one of our lawyers today. The Law Office of Bryan Fagan is on your side.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
