There are two ways to end a marriage in Texas – divorce or annulment. Divorce legally ends the marriage relationship, while annulment is a court order stating a legal marriage was never in existence. While any spouse can seek a divorce, an annulment only applies in specific – and rare – cases. Discuss the possibility of an annulment with a Sugar Land family lawyer.
Here Are Some Common Grounds for Annulment
Texas law limits who can obtain an annulment, and the following are reasons that you might seek one:
- People younger than 18 got married without permission from their parents or the court
- One or both spouses were impaired by alcohol or drugs when they got married
- One or both spouses did not have the proper mental capacity to consent to get married
- One or both spouses were impotent when they got married
- One spouse induced the other to get married due to fraud or coercion
- One spouse kept it secret that they got a divorce within 30 days of the new marriage
- One spouse was already married to someone else
- They got married too soon after receiving a marriage license (within 72 hours)
- The spouses are too closely related to each other
Even if you are in one of these situations, you have to demonstrate that you did not cohabitate or consummate the marriage. If you discovered the reason for an invalid marriage, later on, you cannot remain married for some time and then later seek an annulment. Once you know your marriage is voidable, you cannot show the intent to stay married and then obtain an annulment. In this case, you will need to get a divorce.
For instance, if you were intoxicated in Las Vegas and married, you might realize you made a mistake right away. As soon as you return home to Texas, you immediately begin the annulment process, which might be a successful situation. However, if you came back to Texas, tried to live together for a few months, and then later decided you do not want to be married, you might not get an annulment even though you were drunk when you got married. The process is nuanced and requires a high level of proof that you deserve an annulment.
Getting Your Annulment
Getting a marriage annulled is no simple task in Texas. The law favors marriages and the right to marry, and courts will not often declare that a marriage was never legal. You should discuss whether you can prove you meet annulment requirements with a family lawyer as soon as possible.
Your lawyer can draft your annulment petition and file it with the proper court. If the family judge has questions or needs additional information, your attorney can handle this process. In the event you cannot get an annulment, your lawyer can help begin the divorce process.
Consult with a Sugar Land Annulment Lawyer
To discuss a possible case, reach out to the law firm of Jamie Jordan, PLLC. Contact us to learn about our family law services right away.