Texas Annulment -
Earl N Jackson
the Marriage Aside, It Never Happened.
Certified - Texas Bord of Legal Specialization
"I made a huge mistake - can I get an annulment?" Very
possibly, yes. Almost all annulments are granted upon some basis in
fraud - some trick or deception that induced the marriage. I have read on another site: "annulments are
rarely granted." I have also heard a number of lawyers say that is is "impossible" to get
an annulment - especially in some of the outlying counties.
If the facts are there, the
annulment should be granted. I have never lost an
annulment. If the
court grants the annulment, the divorce will be set aside as if it never
happened. Call us to discuss your case at 214-369-7100.
Some examples follow:
- Husband represented to wife that he was a successful businessman.
From appearances, she didn't have any reason to doubt. Shortly after the
marriage, a process server (the first of many) appeared at the doorstep with the first lawsuit
. It turns out that the Husband was unemployed and had been so for
some time. Essentially, the Husband had lied about his
financial well being prior to the marriage. He deceived the wife.
The annulment was granted.
- Husband learned shortly after the marriage that the wife had been
taking a number of medications prior to the marriage to control
behavioral issues. During their entire relationship, she had been
taking her meds and concealed this fact from, at that time, boyfriend
and later husband. After the marriage, she stopped taking her meds.
Her behavior became very very erratic such that Husband moved out of
home and filed for an annulment. The annulment was granted.
- Boyfriend had two girlfriends (Ga and Gb) and married one (Ga).
The girlfriend he chose not to marry then produced a child. Ga
knew nothing about Gb and was shocked to learn that her new Husband came
with a undisclosed family.
- New Wife found out Husband is gay after locating stash of gay-porn
and confronting Husband. She had no idea prior to the marriage. .
What is not the basis for an annulment:
Other basis for an annulment are as follows:
- Time has nothing to do with it. Being Married less than one
year is not a basis for an annulment regardless of what you may have
- If a person is age 18 they have a right to consent to marriage.
Lack of parental consent, permission, or blessing is not a basis for an
annulment if the person is 18 years of age.
Were you under the influence of alcohol or narcotics at the time of
the marriage and have not voluntarily cohabited since the effects of the
alcohol or narcotics have ended? I haven't seen one of these.
Was one of the spouses impotent at the time of the marriage? If the
person asking for annulment didn't know about the impotence, and has
since moved out since learning of the impotence, then that person is
entitled to an annulment.
The other party used fraud, duress, or force to induce the petitioner
to enter into the marriage, and the petitioner has not voluntarily
cohabited with the other party since learning of the impotence. Fraud is
one of the most common basis for an annulment. Duress or force to
induce a party to marry - a shotgun wedding.
The party requesting the annulment lacked mental capacity to agree to
If one of the spouses was under the age of 16 at the time of the
marriage, the annulment will be granted (actually, this is a void
marriage - a person under 16 cannot be married)
Is one of the spouses between the ages of 16 -18? If that
spouse did not have parental consent to be married, the marriage can be
Did one of the spouses get a divorce less than 30 days before the
marriage and there was no leave of court to do so? The marriage can be
the parties marry less than 72 hours after the marriage license was
granted? The annulment suit must be filed within 30 days of the marriage
to annul it.
e-mail to discuss your annulment. All
consultations are free.
The Jackson Law Group
Dallas Divorce Lawyers