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Annulling a marriage in Texas

| Apr 7, 2021 | Family Law |

There are many movies that focus on two people hitching the knot after imbibing too many drinks. In the movie, there may be hurdles that the new couple must jump through to finalize a divorce. Fortunately, these types of marriages are eligible for annulment in real life.

To annul a marriage in Texas, the marriage must be voidable and meet certain criteria.

Annulment versus divorce

According to Texaslawhelp.org, annulment and divorce are two separate things. While a divorce seeks to end a valid marriage, an annulment states that the marriage was never valid in the first place.

An annulment may become complicated when property or children exist between two people. Annulments do not come with the same benefits that divorce does, such as property division.

Marriages that qualify for an annulment

According to FindLaw experts, the following situations are grounds for an annulment because they break Texas law.

  • Marriage to someone who is not legally mentally competent
  • Marriage to a minor under 18
  • Marriage to a minor under 14
  • Impotency
  • Marriage performed under the influence of intoxicants
  • Marriage performed under duress or fraudulently

The marriage of a minor under 14 years of age is not legal under Texas law. The marriage of a minor between 16 and 18, however, is legal if the minor’s parents consent to the marriage. Additionally, marriage between family members is never legal.

Other marriages that qualify

In addition to marriages that are not legal, the following situations may also qualify for an annulment:

  • One party marries the other while still married to someone else at the time
  • One party finalized a divorce within 30 days of the marriage
  • Instances where marriage occurs within 72 hours of obtaining a marriage license

For instances where one party becomes married to two or more people, the most recent marriage is the only valid marriage until someone proves otherwise.

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