In the state of Texas, marriages come to an end through annulment, divorce, or death. An annulment in Texas is declaring that a marriage is “void.” In this article, we will be explaining what an annulment is, along with the process of obtaining an annulment in the state of Texas, and what effects an annulment has. If you have any other questions regarding annulment in Texas, you should talk with a divorce lawyer Houston in your local area.
Divorce and annulment are different: an annulment brings a marriage to an end that shouldn’t have ever been valid, while a divorce brings a valid marriage to an end. If you had a marriage that was invalid from the start, in Texas, you might be eligible for getting an annulment for your marriage.
Grounds For Getting An Annulment
In order to obtain an annulment in the state of Texas, you are required to show one of several different legal grounds. Your marriage might be eligible for an annulment if you are able to show one of the following:
- Force or Duress – one spouse was forced, threatened, or coerced into getting married.
- Fraud – one of the spouses hid or lied about something essential about the marriage.
- Impotence – one of the spouses is unable on a permanent basis to have sexual intercourse.
- Intoxication – one of the spouses was too intoxicated during the wedding ceremony to consent to the marriage.
- Underage – one of the spouses was less than the legal age for getting married.
- Bigamy – one of the souses was in another marriage that was not terminated before the new marriage.
- Incest – the souses are closely related closer than first cousins.
Other requirements for grounds for annulment
If at the time of marriage one of the spouses has another wife or husband, the spouse may have a valid marriage still if the previous marriage is dissolved and the spouses from the later marriage continue living together. When that occurs, the marriage cannot be annulled at a later date. The annulment must be filed by one of the two spouses unless a spouse is underage. If a spouse is underage, a guardian or parent may file for an annulment on the person’s behalf. In Texas, the legal age for getting married is 18, or with a court order or parent’s consent, it is 16. After a spouse turns 18, they cannot file for an annulment of their marriage on the basis of being underage.
Annulment on the basis of intoxication
A court in Texas will not grant an annulment on the basis of intoxication if the spouses have been living together after they are sober. If a spouse would like an annulment due to their wife or husband being unable to have sexual intercourse, then this impotence must be permanent. The court also won’t grant an annulment in cases where the spouse requesting the annul knew about the impotent when they married or lived voluntarily with an impotent spouse after finding out. A court in Texas will not grant an annulment for force, duress, or fraud if the two spouses continued living together after the force or duress was not present any longer after the discovery of the fraud. Only major fraud regarding something important to the marriage is enough to get an annulment granted. For example, a husband in Texas whose wife did not inform him about five out of her eight prior marriage had his annulment granted. A spouse that lies about being a virgin prior to marriage, isn’t sufficient in Texas for an annulment.