By Earl N Jackson
Board Certified by the
Texas Board of Legal Specialization
Annulments in Texas are about getting a do-over. Putting the marriage aside. This article discusses annulments in Texas and the basis for them.
“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:
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 been told.
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.
Other basis for an annulment are as follows:
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 the marriage.
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 annulled.
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 annulled.
Did 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.