The Common Law

How can someone qualify to get an annulment in Texas?

As last week's "Common Law" discussed, lots of people understand the basics of divorce but know very little about annulment. Like divorce, an annulment is another way that a Texas court can dissolve a marriage. The advantage of obtaining an annulment is that, once granted, it is as if the marriage never happened.

Texas law expressly recognizes very specific grounds for an annulment. Here they are:

Underage: The court may grant an annulment of a person under 18 years of age (the rules are a bit different depending on the person's exact age). An underage person that wants to annul a marriage must do it before their 18th birthday.

Influence of Alcohol or Drugs: Ever wake up with a killer headache, a strange person next to you, and a ring on your finger? If yes, annulment may be your ticket, as long as you don't continue to stay together. Someone who didn't have capacity to consent to the marriage due to drug or alcohol impairment may seek an annulment as long as they don't continue to voluntarily cohabitat after the alcohol or drugs wear off.

Impotency: If either person was impotent at the time of marriage, the other spouse did not know of the impotency, and the couple does not cohabitat with the other party since learning of the impotency, then a court may grant an annulment.

Fraud, Duress, or Force: If either person used fraud, duress, or force to induce the marriage, an annulment may be granted as long as the couple has not cohabitated since learning of the fraud or being released from the duress or force.

Mental Incapacity: Annulments can be obtained under certain circumstances where one party did not have full mental capacity to enter into the marriage.

Concealed Divorce: Got married within 30 days of getting divorced and didn't tell your partner? Under certain circumstances this could be a reason for annulment.

Marriage Less Than 72 Hours After Issuance of License: An annulment could be granted if the marriage takes place within the 72-hour period immediately following issuance of the marriage license. Annulment on this ground must be brought before the 30th day after the date of the marriage.