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Texas Annulment -
Setting
the Marriage Aside, It Never Happened.
Annulment is about setting your marriage aside based
upon some trick or deception at the time of the marriage. Very few cases
qualify for an annulment even if you have only been married for a short
period of time. An annulment is an order of the court that basically
states "the marriage never existed."Almost all annulments are based upon "fraud."
Some deception in the inception of the marriage caused the Petitioner to
enter into the marriage. Upon learning of the deception, the
Petitioner ceased living with the Respondent.
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An example, the Respondent portrayed
himself as a successful business person. Shortly after the
marriage, a process server appeared at the doorstep of the
Petitioner with the first lawsuit of several. The Respondent was
unemployed and had been so for some time. Further, a number of
creditors were suing him for unpaid debts. Okay, the guy was a
lying deadbeat and she wanted out. The annulment was granted.
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An example, the Petitioner learned shortly after
the marriage that the Respondent was required to take medication to
control certain behavioral issues. During their entire
relationship, she had been on this medication. Shortly after the
marriage, she stopped taking her medication which caused her behavioral
issues to resurface. She refused to go back on her medication.
The Petitioner sought an annulment and it was granted.
An annulment may be had: if
one of the spouses is under 16 years of age. This was changed from 14 to
16 in 2005. A person under the age of 16 cannot get married.
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if
one of the spouses is between the ages of 16 and 18 years of age and no
parental consent was obtained before the marriage.
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if
the person asking for annulment was under the influence of alcohol or
narcotics at the time of marriage, and has not voluntarily cohabited
with the other party since the effects of alcohol or narcotics have
ended.
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if
one of the spouses was permanently impotent at the time of the marriage,
the person asking for annulment didn't know about the impotence at the
time of marriage, and the person asking for the annulment has not
voluntarily cohabited with the other party since learning of the
impotence.
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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. This is
the most common method of obtaining an annulment.
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lack
of mental capacity.
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concealed divorce less than 30 days before the marriage sought to be
annulled (and no cohabitation since). Got married within 30 days of the
divorce without leave of court to do so.
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if
the parties married less than 72 hours after the marriage license was
granted and an annulment suit is filed less than 30 days after the
marriage.
Further, annulment requires that the parties have not
lived together since discovery of the trick or deception.
I have
heard a number of lawyers say that is is "impossible" to get
an annulment - especially in some of the outlying counties.
This is not true. If the facts are there, the
annulment should be granted. Best one I ever did,
annulment was granted because wife was "clean freak."
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