Many couples may think about an annulment when they think about ending their marriage. Some people use the terms “annulment” and “divorce” interchangeably, but the truth is that they are two different things.
Most couples wanting to end their marriage get a divorce. That’s because divorces are easier to get. Whether you have been married for three months, three years, or three decades, you can get a divorce (as long as you meet the residency requirements).
An annulment also ends a marriage. In addition, it makes it so the marriage never existed, which would be the ideal situation for many people. However, annulments take work to get. There are many strict requirements in place.
You can get an annulment in Texas, but it’s not easy. Here’s what you need to know.
Requirements for Annulment
In short, an annulment can be granted based on how your marriage began. You can annul your marriage in Texas if any of the following exists:
- A spouse is under the age of 18. The underage spouse must be at least 16 years old and file a petition for annulment within 90 days. A parent or guardian must file the annulment if they are not yet 18 years old.
- A spouse is impotent. The couple has not consummated the marriage, and the spouse was unaware of the impotence at the time of marriage.
- The marriage involved fraud, coercion, or force. If the marriage was entered involuntarily, with some form of pressure involved, an annulment is possible.
- A spouse was under the influence of alcohol or drugs at the time of the marriage. An intoxicated person cannot give consent.
- A spouse was not mentally capable of consenting to marriage. A person with a mental illness or who has suffered from a medical condition that has affected the brain, such as a brain injury or stroke, may not be able to give consent.
- A spouse concealed their divorce. This is a type of fraud. If a prior divorce was concealed, the spouse has up to one year to file an annulment.
- The marriage occurred less than 72 hours after the spouses got their marriage licenses. Under Texas law, most people have to wait 72 hours after getting a marriage license to get married unless there is some sort of exception.
To get an annulment in a Texas court, you must show that your marriage took place in Texas or prove that Texas is the permanent home for at least one of you.
Contact Us Today
Annulments are possible, but they are rare. Talk to a lawyer about the possibility of annulling your marriage.No matter which option you choose, The Law Office of David J. Rodriguez, PLLC, can help you end your marriage quickly. We can guide you through the paperwork and everything else involved. Schedule a consultation with our office today. Fill out the online form or call (210) 716-0726.
