Sometimes we get asked by potential clients whether they have the option to have their marriage annulled (instead of going through a divorce). In Texas, there are limited grounds to qualify for an annulment. If there was a legal impediment to the creation of a valid marriage, then a spouse to that marriage may petition the court to annul the marriage. There are seven different grounds by which a person may seek an annulment (and he/she need only prove one of the seven). If an annulment is granted, the marriage becomes void and it’s as if the marriage never occurred. Here are those seven grounds:
- Marriage of Underage Spouse – if a party to the marriage was at least 16 years old (but under 18 years old) at the time of the marriage and that party did not have parental consent or a court order that has removed that party’s minor status.
- Influence of Drugs or Alcohol – if the petitioner was 1) under the influence of alcoholic beverages or narcotics at the time of marriage, 2) as a result, lacked the capacity to consent to the marriage, and 3) has not voluntarily cohabitated with the other party since the effects of the alcoholic beverages or narcotics ended. Keep in mind that there must have been a very high level of intoxication to a level that would have severely impaired his/her reason, memory, and judgment.
- Impotency – 1) if a party was permanently impotent at the time of the marriage (for physical or mental reasons), 2) the petitioner did not know of the impotency at the time of marriage, and 3) the petitioner has not voluntarily cohabitated with the other party since learning of the impotency.
- Fraud, Duress, or Force – 1) if the other party used fraud, duress, or force to induce the petitioner into the marriage, and 2) the petition has not voluntarily cohabitated with the respondent since learning of the fraud or being released from the duress or force.
- Mental Incapacity – a marriage can be annulled based on a spouse’s mental incapacity.
- Concealed Divorce – if 1) the respondent divorced a third party within 30 days before the date of marrying the petitioner, 2) at the time of the marriage ceremony, the petitioner did not know, and a reasonably prudent person would not have known, of the divorce, 3) since the petitioner discovered, or a reasonably prudent person would have discovered, the divorce, the petitioner has not voluntarily cohabitated with the respondent, and 4) the suit for annulment is brought before the first anniversary of the marriage. Please note that the spouse that concealed his/her divorce is NOT eligible to seek to annul the marriage on this ground.
- Marriage Less Than 72 Hours After Issuance of License – a court can annul a ceremonial marriage that is conducted within 72 hours after the parties have obtained their marriage license (as generally, applicants must wait 72 hours after obtaining a marriage license to marry ceremonially).
If you have questions about your situation and whether you meet the grounds to seek an annulment, contact us today to discuss your options.
Written by Dana J. Stewart
