Skip to main content

10 Facts You Never Knew About Texas Annulment


If you want to related guideline confidentiality Law experience, So you can better suggestions in 10 Facts You Never Knew About Texas Annulment.

Family Lawyers in Houston– Generally when people think of ending of marriage they assume they will need to get a divorce. Most of the time they are right. Sometimes though I get questions regarding an annulment. Like a divorce, an annulment severs the legal union between two people, but there are very specific instances when it is available or may be called for.

WHAT IS AN ANNULMENT?

Annulment is the process of requesting that a court declare a marriage void or voidable. Annulment is different from divorce or legal separation in that parties to a divorce action are asking that the court terminate their marriage, while an annulment suit is a petition to have the court enter an order declaring that the marriage never existed.

When individuals have entered into a marriage under certain statutory false pretenses, it may be possible to petition the court to annul the marriage. You should be aware that, in most cases, the court will require that spouses go through the divorce process instead of granting an annulment.

HOUSTON ANNULMENT ATTORNEYS

Family Law Attorneys Houston– At the Law Office of Bryan Fagan, our attorneys are experienced in assisting clients with marriage annulments laws. Our family law attorneys are familiar with the various annulment forms and the annulment filing cost in Texas. Contact us for competent representation; we proudly assist clients throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County.

LEGAL REASONS FOR AN ANNULMENT

The Texas Family Code provides for several circumstances under which a spouse may ask the court to annul their marriage. Some of those statutory reasons for an annulment include:

1. Certain underage marriages
2. At least one of the spouses was under the influence of drugs or alcohol at the time of the marriage and lacked the capacity to consent to the marriage
3. Undisclosed impotency discovered after the marriage
4. Fraud, duress or force
5. Mental incapacity
6. Concealed divorce

These are the grounds people need to think about when considering an annulment. Once an annulment is granted, the marriage will be considered void and it is treated as if it never happened. If an annulment is not granted, then the marriage will be considered valid indefinitely.

UNDERAGE MARRIAGE

If the marriage of a person 16 years or older but under 18 occurred without parental consent or court order, the court may grant an annulment.

UNDER THE INFLUENCE OF DRUGS OR ALCOHOL

Houston Family Law Lawyers– A Court may grant an annulment to a marriage that was entered into while one or both of the parties were under the influence of alcoholic beverages or narcotics, and as a result of being under the influence they did not have the capacity to consent to the marriage.

A court may grant an annulment only if the parties did not voluntarily live together after sobering up. If you moved in together, and tried to make it work, you do not meet the statutory grounds required to grant an annulment.

UNDISCLOSED IMPOTENCY:

If at the time of the marriage, either party was permanently impotent.

However, the court may grant an annulment only if the petitioner did not know of the impotency at the time of the marriage and did not voluntarily cohabitate since learning of the impotency

FRAUD, DURESS, OR FORCE

A court in Texas may grant an annulment of a marriage if a party used fraud, duress, or force to induce the other party to marry.

However, the court may grant an annulment only if the petitioner did not voluntarily live with the other party since learning of the fraud or since being released from the duress or force.

MENTAL INCAPACITY

A court may grant an annulment if one the people in the marriage did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony. This can be because of a mental disease or defect.

However, like the other reasons for annulment the person seeking the annulment did not voluntarily live with the other party during a period when the person seeking the annulment possessed the mental capacity to recognize the marriage relationship.

CONCEALED DIVORCE

Family Law Lawyer Houston– If at the time of the marriage, the petitioner did not know that the other party was divorced from a third party within the 30 days prior to the ceremony.

However, the court may grant an annulment only if the petitioner did not voluntarily live with the other party since learning of the fact of divorce.

CONSULT WITH AN ATTORNEY

While you should consult with an experienced and knowledgeable attorney to discuss the specifics of your case, several of the grounds for a potential annulment also require that the spouses cease living together as husband and wife after recovering from… Continue Reading

Comments

Popular posts from this blog

Rule 11 Agreements in a Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Rule 11 Agreements in a Texas Divorce . Houston Divorce Lawyers : Rule 11 agreements are often used in family law and cases. I have had clients and potential clients ask me about what a Rule 11 agreement is and what they are used for. Many lawyers use Rule 11 agreements to settle an issue or a whole case. Attorneys often use the term “Rule 11 Agreement” as if it were a specific type of agreement. WHAT IS A RULE 11 AGREEMENT? However, Rule 11 is a rule of procedure and does not do much to define the form or substance of settlement agreements. A rule 11 agreement refers to Rule 11 of the Texas Rules of Civil Procedures which provides that an agreement between lawyers in a case is enforceable if the agreement: Is in writing and filed in the papers of the court or unless it be made in open court and entered of record. USES OF RULE 11 AGREEMENTS Rule 11 Agreements or...

How to handle a cheating spouse in Texas

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How to handle a cheating spouse in Texas Spring Divorce Lawyers : One of the most difficult and challenging aspects of a family lawcase is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally and logistically in a family law case but you will be emotionally invested in the case as well. While I suppose that this is true for any legal matter that you undertake, it is especially true for family law cases. These are personal matters that have become a part of the public record. An awkward and unenviable situation to be placed in. Why are family law matters so delicate? For starters, I believe that it is because so many areas of our lives are encompassed by these type of cases. For instance, if you are considering a divorce from your spouse just consider for a moment the areas of your life that are impa...

The effect of divorce on children: Helping your family maintain stability

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in The effect of divorce on children: Helping your family maintain stability Family Lawyers Houston : If you are a parent who is going through a divorce then you will find that your case will be quite different from a divorce that does not feature two parents. Parents understand that their actions have a direct and often disproportionate effect on the lives and well being of their children. With this in mind, it’s possible that in the weeks and days leading up to your considering a divorce your biggest concern laid not with paying for an attorney or deciding what to do with the family home, but in breaking the news of the divorce to your children. Without belaboring the point too much, your children will certainly be affected by your divorce no matter how stressful or stress free the process actually is. If we take into consideration the fact that your child has probably ...