Annulment is the court’s decree that the marriage was never valid. In other words annulment is the declaration that the marriage never took place. According to Texas annulment laws, after getting annulment both the parties have the right to remarry. If there are children from such a union, the court considers the best interest of the child when declaring child custody.
Each state has different annulment laws and grounds. Texas annulment grounds are divided into two categories:
- Void Texas Annulment Grounds
- Voidable Texas Annulment Grounds
Void Texas Annulment Grounds
Under Texas annulment laws, following are the void grounds under which you can file for annulment in Texas:
- Consanguinity
- Existence of Prior Marriage
Consanguinity
The term consanguinity means ‘related by blood’. According to Texas annulment laws, consanguinity means getting married to a blood relation like, father, mother, sister, uncle or aunt. If you married any of them, your marriage is void and both you and your spouse can file for annulment under Texas annulment law.
Existence of Prior Marriage
Texas annulment laws say that you can claim an annulment if your spouse was already married at the time s/he married you.
Voidable Texas Annulment Grounds
According to Texas annulment laws, you can file for annulment under the following voidable annulment grounds:
- Marriage Under the Age of 14
- Marriage Under the Age of 18
- Under Influence of Alcohol or Drugs
- Impotency
- Fraud & Duress
- Mental Incapacity
Marriage Under the Age of 14
You can file for Texas annulment, if you got married at the age of 14. Under the Texas annulment law, in such a case both your parents and friends can sue for annulment within 90 days after your 14th birthday.
Marriage Under the Age of 18
If you get married under the age of 18 years without the consent of parents or court, your parents and friends can claim an annulment under Texas annulment laws.
Under Influence of Alcohol or Drugs
If you got married under the influence of drugs or alcohol, you can file for annulment.
Impotency
If your spouse is unable to consummate the marriage, you can claim annulment under the Texas annulment laws.
Fraud & Duress
Duress is, when someone forces or threatens you to get married to him/her. Fraud is anything done by misrepresentation or by cheating someone. So, any marriage which took place under fraud or duress can be annulled under Texas annulment laws.
Mental Incapacity
If your spouse had a pre-marriage mental illness and s/he concealed it from you, you can file for annulment if you do not want to continue with the relationship.
