Although some people wished that their marriage had never existed, there are very specific circumstances in which the Texas court will agree to an annulment.
What is an Annulment?
An annulment differs from a divorce. With a divorce, you are ending a marriage, but with an annulment, you are voiding it all together. This means you can legally say that you have never been married to your spouse. Annulments are notoriously difficult to be granted. An annulment has to be filed by either spouse.
Below are the only circumstances in Texas in which an annulment would be granted:
- The person was under the influence of alcohol or narcotics;
- A person is impotent at the time of the marriage and the other did not know;
- One person used fraud, duress or force to induce the other to marry them;
- One person was mentally incapacitated at the time of marriage;
- One person concealed a divorce from the other; and
- If the marriage took place during the mandatory 72 hour waiting period between the issuance of the license and the ceremony.
Additional Annulment Requirements
If any of the above applies, then the person must have immediately left the person and not be living with them. Currently, the 60 day ‘cooling off’ period that is required in Texas for divorces does not apply. If you are pursuing an annulment it can be completed in a matter of days. You would begin the process by filing “A Suit to Declare Void the Marriage of [Petitioner] and [Respondent].” It is best to speak to an experienced family law attorney before you begin the annulment process.
If you need to speak with a knowledgable and experienced family law attorney, call us at the Lucé Law Firm. We would be happy to help with your annulment case.