The Grounds for Annulment in Texas
An annulment is granted in Texas under very specific circumstances. You need to keep in mind that there is a difference between a marriage that is void and one that is annulled. If the marriage was not legal under Texas laws the state will deem it void. A College Station family lawyer may be able to help you obtain an annulment if your situation qualifies under Texas law.
Circumstances for Annulment
The Texas Family Code, Chapter 6 specifies the situations under which an annulment can be granted. These are as follows:
• The petitioner was under the influence at the time of the marriage. The parties cannot have cohabitated, however, after they became sober in order to obtain an annulment. • One party lacks mental capacity. • One of the parties was under the age of legal consent in Texas, which is age 18 or age 16 with parental consent. • One of the parties was permanently impotent at the time the marriage took place, and the other party was unaware of this at the time. • One party used duress or force in order to induce marriage. • The non-petitioning party was divorced for less than 30 days when the current marriage took place, and did not reveal this to the petitioner. • The non-petitioner committed fraud by concealing essential information prior to the marriage, such as previous incarceration for a felony.
The effect of an annulment for legal purposes is that the marriage technically never occurred.
If one spouse was married at the time of the marriage in question, but later a divorce is granted, the second marriage can still have legal effect if the spouses live together. A later annulment will not be granted for this marriage, however. Also, the petitioner in an annulment must be one of the spouses, except in the case of one party being underage. It is important to keep in mind that, in many cases, an annulment will not be granted to a couple if they continue to live together after the reason for annulment came to light, such as an act of fraud.
For Information or Assistance with an Annulment
If you have decided that you wish to secure an annulment, it is important that you work with a knowledgeable College Station family attorney. Call Peterson Law Group today to arrange a consultation at 979-703-7014 .