Even though most people in Texas understand the divorce process, few are aware of the annulment process. Texas allows couples to annul a marriage in certain circumstances. In this case, the question arises as to whether one can annul without informing the other party.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, gets into the details of “annulments” and addresses the above question. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
What Is An Annulment?
An annulment is a legal procedure that dissolves a marriage. It differs from a divorce as an annulment declares that the marriage never happened. There are several grounds for annulment, including fraud, bigamy, and incest.
Can You Get An Annulment Without The Other Person?
In regards to attempting to get an annulment, you cannot get it without the other party being involved. If you’re seeking to file for one, you have to meet very specific requirements under the Texas family code.
When you file your annulment, it’s no different from filing any other petition in court. So, when there’s another party, you must properly serve the other party per the Texas Rules of Civil Procedure and the Texas Family Code.
“Annulments” Under The Texas Family Code
An Annulment can have lasting effects on spouses and children. The annulment statutes can be found in chapter 6 of the Texas Family Code.
The sub-chapter B discusses the following grounds for annulment:
- Sec. 6.102 – Underage Marriage
The court may grant an annulment of a marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or court order. In addition, the annulment can be filed by a parent, guardian, or friend before the individual’s 18th birthday
- Sec. 6.105 – Under Influence of Alcohol or Narcotics
An annulment might be granted if the petitioner was under the influence of alcohol or drugs at the time of the marriage
- Sec. 6.106 – Impotency
An annulment may be granted if either party was permanently impotent at the time of the marriage and has not voluntarily lived with the respondent since finding out.
- Sec. 6.107 – Fraud, Duress, or Force
The court might void the marriage if the other party lied or hid something from the petitioner that was essential to the marriage. The court may also void the marriage if the petitioner was forced into it.
- Sec. 6.108 – Mental Incapacity
The court may grant an annulment of a marriage to a party to the marriage if at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect.
- Sec. 6.109 – Concealed Divorce
In certain circumstances, an annulment may be granted if the respondent concealed the fact that they divorced someone else within 30 days of the marriage to the petitioner. This ground is valid only until one year after the wedding.
- Sec. 6.110 – Marriage Less than 72 Hours After Issuance Of License
There is a 72-hour waiting period between the time a marriage license is issued and the time the marriage is held. These grounds are only valid for the first 30 days after the marriage.
Below are a few sections that can be used to declare a marriage void:
- Sec. 6.202 – Marriage During Existence Of Prior Marriage
If the respondent was legally married to someone else when they married the petitioner, the marriage might be voided.
- Sec. 6.201 – Consanguinity (Related by Blood or Adoption)
An annulment may be granted to the petitioner if they are related by blood (whole or half) or adoption to the respondent. This includes siblings, parents’ brothers and sisters, or the children of their siblings.
- Sec. 6.206 – Marriage To a Stepparent or Stepchild
The marriage is void if a party is the other party’s current or former stepchild or stepparent.
Ensure that you can rely on one of the above grounds for annulment before pursuing it. In addition, ensure that you have read Texas Family Code sections relevant to your case and seek professional guidance to get what is in your best interest.
Hire An Experienced Texas Family Attorney
Annulments are more complicated than divorces and can be more difficult to prove. As a result, you may need a lawyer to help you gather evidence and build a strong case. If you’re considering an annulment, it’s important to have the right information and to talk to a lawyer who can help you make the best decision for your family.
Talk to attorney Tyler Monahan and schedule a free, no-obligation consultation to discuss the details. In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “Does It Matter Who Files For Divorce First?”
FAQs Regarding Divorce & Other Family Law Cases
Family Law cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing between mediation, trial, and arbitration. Which is the best alternative?
- What is the difference between sole and shared custody?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Is A Common-Law Marriage? Can I Get A Divorce From It?
- I’m Moving Out Before The Divorce Is Finalized. What Can I Take With Me?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
