Texas Annulment Laws
What Is an Annulment?
There are two ways to dissolve a marriage in Texas: divorce and annulment. Annulment is a legal process that allows a couple to terminate their marriage shortly after the wedding ceremony. Unlike divorce, which ends a marriage, annulment virtually erases the union as if it never occurred. Simply put, a marriage annulment declares the legal marriage invalid; some circumstance should have prevented the marriage taking place.
At Mathur Law Offices, P.C., we have the skill and experience to help our clients end their marriages through either means. If you are seeking an annulment in Dallas, contact our legal team today for a consultation.
Grounds for Annulment in Texas
Texas legislature permits annulment for a variety of reasons.
- A spouse is less than 18 years old
- Spouse lacked the mental incapacity to agree to a marriage
- Spouse is impotent
- Spouse used fraud, force or duress to convince the other of marriage
- Spouse was under the influence of drugs/alcohol
- Spouse concealed a previous divorce within 30 days of the wedding
Under 18 Years Old
According to the Texas Family Code, Title 1, § 6.102, you can annul a marriage if one of the individuals was less than 18 years old. This reason is only valid under two circumstances:
- At least one party of the marriage was between 16 and 18 years old
- The marriage occurred without parental consent
In this situation, a friend of the underage party or a parent can petition for the annulment. You cannot file for an annulment after the underage spouse turns 18.
"Under the Influence"
According to § 6.105, you may file an annulment if one or both parties of the marriage were under the influence of drugs or alcohol when the marriage occurred. If an individual is under the influence of drugs or alcohol, Texas law does not consider him / her capable of consenting to the marriage.
This is only a valid reason if the petitioner did not live with the other spouse before the marriage.
Annulment & Concealed Divorce
You can annul a marriage if one party was married to another person within 30 days of the wedding. The court will only accept this reason for annulment if the other spouse was unaware of the divorce at the time of the second marriage. Under these circumstances, you must file for divorce within one year of the marriage.
What Are the Time Limits for an Annulment in Texas?
Depending on the reason for your annulment, you may have 30 days or up to your first anniversary to file for an annulment.
- If you got married within 72 hours of filing the marriage certificate, you have 30 days to file for an annulment.
- If your spouse is under 18 years old, you must file before he/she reaches 18.
- If your spouse concealed a divorce, you have up to your first anniversary to file.
Call (888) 867-5191 for a Consultation
If you need a marriage annulment in Dallas, speak with a member of our legal team today. Our Dallas family and divorce lawyers can help you petition effectively for an annulment. We are genuinely interested in the best interest of our clients.
Contact our office as soon as possible to take the first toward the legal guidance and representation that you need.