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What are the requirements to annul a marriage?

On Behalf of | May 25, 2022 | Family Law |

Annulment is the process of ending a marriage. It removes all records it took place.

Not every situation is allowed an annulment. The Texas Family Code explains only specific things that allow you to seek an annulment of your marriage.

Minor marriages

If you married when you were under the age of 18, you may qualify for an annulment if the marriage took place without your parent’s or guardian’s approval. Do note that you must seek the annulment yourself if you are now 18 or older. Prior to turning 18, a parent, guardian or another appointed person can file for you.

Other situations

An annulment may be possible if at the time you entered the marriage you were under the influence of drugs or alcohol and unable to consent. However, if this is the case, then you cannot have lived with your spouse voluntarily after the marriage.

Texas law also allows for an annulment of a marriage if one party is physically unable to consummate the marriage and the other party was unaware of this fact until after marrying. In addition, you cannot have lived with your spouse after learning about the impotence.

If someone forced or coerced you into the marriage and you never lived voluntarily with your spouse, you also qualify for an annulment. Other situations that may allow for annulment include entering into the marriage without the mental capacity to do so, your spouse hiding a divorce from you that occurred 30 days before your marriage or you request an annulment within 72 hours of the marriage.

Other situations likely will not qualify you for an annulment. You would have to seek dissolution or divorce.