Exploring the complexities of Texas family law uncovers some surprising facts about Texas annulments that many people may not realize. In this blog, we will reveal 10 fascinating aspects of how annulments work in the Lone Star State, providing a clearer understanding of this legal process. Whether you’re considering the end of a marriage or simply curious about the laws, these insights will clear up misconceptions and give you a deeper understanding of a topic often surrounded by confusion.
What is an Annulment?
Annulment is the process of requesting that a court declare a marriage void or voidable. Annulment is different from divorce or legal separation in that parties to a divorce action are asking that the court terminate their marriage, while an annulment suit is a petition to have the court enter an order declaring that the marriage never existed.
When individuals have entered into a marriage under certain statutory false pretenses, it may be possible to petition the court to annul the marriage. You should be aware that, in most cases, the court will require that spouses go through the divorce process instead of granting an annulment.
Houston Annulment Attorneys
At the Law Office of Bryan Fagan, PLLC, our attorneys are experienced in assisting clients with marriage annulment laws. Our family law attorneys are familiar with the various annulment forms and the annulment filing costs in Texas. Contact us for competent representation; we proudly assist clients throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County.
Legal Reasons for an Annulment
The Texas Family Code provides for several circumstances under which a spouse may ask the court to annul their marriage. Some of those statutory reasons for an annulment include:
- Certain underage marriages
- At least one of the spouses was under the influence of drugs or alcohol at the time of the marriage and lacked the capacity to consent to the marriage
- Undisclosed impotency discovered after the marriage
- Fraud, duress, or force
- Mental incapacity
- Concealed divorce
These are the grounds people need to think about when considering an annulment. Once granted, an annulment renders the marriage void, treating it as if it never occurred. If not granted, the marriage remains valid indefinitely.
Underage Marriage
If the marriage of a person 16 years or older but under 18 occurred without parental consent or court order, the court may grant an annulment.
Under the influence of drugs or alcohol
A Court may grant an annulment to a marriage that was entered into while one or both of the parties were under the influence of alcoholic beverages or narcotics, and as a result of being under the influence, they did not have the capacity to consent to the marriage.
A court may grant an annulment only if the parties did not voluntarily live together after sobering up. If you moved in together and tried to make it work, you do not meet the statutory grounds required to grant an annulment.
Undisclosed Impotency:
If at the time of the marriage, either party was permanently impotent.
However, the court may grant an annulment only if the petitioner did not know of the impotency at the time of the marriage and did not voluntarily cohabitate since learning of the impotency
Fraud, Duress, or Force
A court in Texas may grant an annulment of a marriage if a party used fraud, duress, or force to induce the other party to marry.
However, the court may grant an annulment only if the petitioner did not voluntarily live with the other party since learning of the fraud or since being released from the duress or force.
Mental Incapacity
A court may grant an annulment if one of the people in the marriage did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony. This can be because of a mental disease or defect.
However, like the other reasons for annulment, the person seeking the annulment did not voluntarily live with the other party during a period when the person seeking the annulment possessed the mental capacity to recognize the marriage relationship.
Concealed Divorce
If at the time of the marriage, the petitioner did not know that the other party was divorced from a third party within the 30 days prior to the ceremony.
However, the court may grant an annulment only if the petitioner did not voluntarily live with the other party since learning of the fact of divorce.
Consult with an Attorney
While you should consult with an experienced and knowledgeable attorney to discuss the specifics of your case, several of the grounds for a potential annulment also require that the spouses cease living together as husband and wife after recovering from divorce.
Final Thoughts
In conclusion, seeking a Texas annulment for individuals under 18 requires navigating complex legal waters, and having the right attorney can make all the difference. Houston’s annulment attorneys specialize in handling these sensitive cases with the discretion and expertise needed to protect young individuals’ rights and futures. If you or someone you know is considering a Texas annulment in this age category, it’s crucial to connect with an attorney who understands the unique challenges and legal criteria involved. Remember, choosing the right legal guidance isn’t just about ending a marriage; it’s about paving the way for a more secure and hopeful future.
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Other Articles you may be interested in:
- Fraud as a Cause of Divorce: Grounds for Annulment Explained
- What’s The Difference Between a Divorce And an Annulment?
- Annulments in Texas, Part Two
- Frequently Asked Questions Regarding Common Law Marriage and Divorce
- Frequently Asked Questions Regarding Texas Marriage
- Frequently Asked Questions in Texas Divorce Cases
- 15 Myths About Divorce in Texas
- 9 Questions to Ask Yourself and the Divorce Lawyer Before You Hire Them
- Common Questions about Texas Prenuptial and Marital Agreements
- Should I sign a Texas Premarital or Prenuptial Agreement?
- My Fiancé wants me to sign a Texas Prenup. What should I do?
- Making Postnuptial Agreements Stick in a Texas Divorce
- Can I sue my spouse’s mistress in Texas?
Law Office of Bryan Fagan, PLLC | Annulment, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding annulments, it’s important to speak with one of our Houston, TX Annulment Lawyers right away to protect your rights.
Our Annulment lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
