Annulment
Our Attorneys Can Assist You with Filing for a Marriage Annulment in Texas.
The process of declaring a marriage invalid is known as annulment in Texas. When one spouse wants to receive an annulment, they will have to petition the court and demonstrate grounds for having the marriage voided. This is different from a divorce which simply ends the legal marriage. An annulment erases the marriage as though it never happened.
Conditions for Annulment
The conditions that may warrant an annulment include situations where the marriage was entered into unwillingly or illegally, and the court can find facts to support an annulment. Some of the conditions for annulment in Texas include:
• Prior to the marriage one spouse defrauded the other, or misrepresented some essential facts;
• One of the spouses is still legally married to another person;
• One spouse is underage;
• Permanent impotence of one spouse;
• Threats or coercion were used to enter the marriage;
• Intoxication at the wedding ceremony; and/or
• Incest.
Even when one of these conditions is present at the time of marriage, if there was some kind of ongoing consent afterward then the annulment may not be granted. For example, if a spouse was defrauded then discovered the fact but remained together in the marriage, then that may not be sufficient grounds since they acted with some consent.
Consequences of Annulment in Texas
There are legal similarities to divorce with an annulment, and the court may approach property division and child custody or support using the same principles. Also, one of the spouses can request a jury trial to decide any dispute over the grounds for annulment. For these reasons, anyone desiring annulment should seek to be represented by an attorney who knows family law and the rules for annulments in Texas. The gathering and presenting of facts to the court will determine whether or not the annulment is granted, and can have a significant effect on one’s future.
How We Can Help You
If you feel that you have entered a marriage that should be declared invalid, Merritt Law can assist you in reviewing the grounds for annulment in your case, and then petition the court on your behalf. If your spouse is not in agreement to annul the marriage, it may be necessary to litigate the case before a judge or jury. This process will determine the outcome and validity of your marriage, and we take seriously any case that has so much at stake. Please contact us to discuss your reasons for seeking an annulment in Texas, and we can tell you what your options may be to regain your independence.