An Annulment is a legal decree that a marriage is null and void, effectively stating that the marriage was never legally valid.
A nullification differs from a divorce in that it legally erases the marriage rather than terminating it.
Grounds for Annulment in Texas
In Texas, voiding is available under limited and specific circumstances outlined in the Texas Family Code. The grounds for annulment in Texas can be categorized into two main categories: void marriages and voidable marriages.
Void Marriages
Void Marriages are considered invalid from the outset, meaning they are void and have no legal effect.
Grounds for void marriages in Texas include the following.
- Incest: If the marriage involves blood relatives closer than first cousins, it is considered void.
- Bigamy: If one spouse is already married to another person at the time of the marriage, the subsequent marriage is void.
- Underage Marriage: If one or both parties were under the age of 18 at the time of the marriage without obtaining proper parental consent or a court order, the marriage is void.
Voidable Marriages
Voidable marriages are considered valid until a court declares them void through the annulment process. Grounds for voidable marriages in Texas include the following.
- Fraud or Duress: If one party entered into the marriage as a result of fraud, deception, or under duress, they may seek an annulment.
- Mental Incapacity: If one party lacks the mental capacity to consent to the marriage due to mental illness, intoxication, or other factors, the marriage may be annulled.
- Concealed Divorce: If one party was divorced less than 30 days before entering into the subsequent marriage, and the divorce was concealed from the other party, the marriage may be annulled.
- Impotence: If one party is permanently impotent and the other party was unaware of this fact at the time of the marriage, the marriage may be annulled.
Annulment Process in Texas
To initiate the annulment process in Texas, one of the spouses must file a petition for annulment with the appropriate court.
The petitioner must provide evidence supporting one of the grounds for dissolution as outlined in the Texas Family Code.
The court will then hold hearings and review the evidence presented to determine whether the marriage meets the criteria for annulment.
It’s important to note that the voiding process in Texas can be complex and may involve legal proceedings similar to those in divorce cases, including issues related to property division, child custody, and support.
However, unlike divorce, annulment retroactively invalidates the marriage, treating it as though it never existed, which can have implications for property rights and other legal matters.
Conclusion
Annulment in Texas involves declaring a marriage null and void under specific circumstances outlined in the state’s family law statutes. A nullification declares that a marriage was never valid, legally erasing it from existence.
Whether based on void marriages or voidable marriages, annulment in Texas requires meeting certain legal criteria and following prescribed procedures through the court system. It’s crucial to work with a skilled family law attorney who can guide you through the process.
