Grounds For Annulment

The terms annulment and divorce are oftentimes confused. Although, at first glance, these terms might seem similar, they are actually very distinct. In short, a divorce occurs to end a once valid marriage; an annulment occurs to end a marriage that was never valid.  In order to determine whether or not a marriage is valid, it is important to review the grounds for annulment. Contact our Texas Family Law Attorneys Today (832) 410-8935. Grounds for Annulment in Texas Chapter 6 of the Texas Family Code allows an annulment in the following circumstances: annulment of marriage of a person under age 18; under the influence of narcotics; impotency; fraud, duress, or force; mental incapacity; concealed divorce; marriage less than 72 hours after issuance of license; and the death of party to voidable marriage. Annulment of Marriage of Person Under Age 18 Section 6.102 of the Texas Family Code states, “The court may grant an annulment of a marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order as provided by Subchapters B and E, Chapter 2.” It is important to note that the suit to annul a marriage under this section may not be filed by a parent or guardian of a person after the 18th birthday of the person. Annulment of Marriage Made Under the Influence of Alcohol or Narcotics Section 6.105 of the Texas Family Code states, The court may grant an annulment of a marriage to a party to the marriage if: at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage; and the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended. Annulment of Marriage Due to Impotency Section 6.106 of the Texas Family Code states, The court may grant an annulment of a marriage to a party to the marriage if: either party, for physical or mental reasons, was permanently impotent at the time of the marriage; the petitioner did not know of the impotency at the time of the marriage; and the petitioner has not voluntarily cohabited with the other party since learning of the impotency. Annulment of Marriage Due to Fraud, Duress, or Force Section 6.107 of the Texas Family Code states, The court may grant an annulment of a marriage to a party to the marriage if: 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 fraud or since being released from the duress or force. Annulment of Marriage Due to Mental Incapacity Section 6.108 of the Texas Family Code states, (a)  The court may grant an annulment of a marriage to a party to the marriage on the suit...
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