Not every marriage works out, and when a marriage fails, the spouses generally pursue a divorce. There are, however, instances when one or both parties claim that the marriage in question wasn’t legally binding to begin with, and in these cases, annulment may apply.
The specifics that apply to annulments in Texas are precise, and working closely with an experienced Round Rock family law attorney from the outset is the surest path forward.
Divorce and Annulment Are Distinct from One Another
When a marriage fails or when either spouse decides they no longer want to be married in the State of Texas, dissolution of the marriage contract can only be achieved via a divorce. Texas doesn’t recognize legal separations, and as such, divorce is the only legal means of moving past a marriage.
In a divorce, each of the following terms that apply must be resolved:
Child custody arrangements, including parenting time and legal custody – or decision-making authority
The division of marital assets
Alimony, or spousal maintenance
When couples end their marriages in Texas, the vast majority seek divorce. The requirements for ending a marriage by annulment are exacting and difficult to meet, which makes annulment far less common than divorce.
If your marriage, however, meets the requirements, an annulment not only ends it but, in effect, turns back the hands of time in the sense that it invalidates it. A divorce, in other words, ends your marriage, but an annulment leaves you without a failed marriage behind you—it’s as if you were never married.
It’s important to note that a religious annulment is a very different matter. A marriage that you have annulled through your church has no legal bearing.
Grounds for Annulment
While you can seek a divorce in Texas for virtually any reason—generally an inability to get along or insupportability—there are only a few, highly specific grounds for annulment.
One of the Spouses Was Underage
When one or both parties to the marriage are under the age of 18, a Texas court can annul it only if all the following circumstances apply:
At the time of the marriage, one or both spouses were at least 16 years old but not yet 18.
The parents of the underage spouse did not consent to the marriage, and the underage spouse didn’t have a court order allowing them to bypass the need for parental consent.
A parent or guardian of the underage spouse filed the annulment petition.
The person who filed the annulment petition did so within 90 days of the marriage.
If the underage spouse turns 18 within that 90-day timeframe, they can seek an annulment on their own behalf. In such a situation, the court has the discretion to grant an annulment, but it’s not automatic. State law requires the presiding judge to take the relevant facts into consideration, including matters such as whether or not the woman is pregnant.
One of the Spouses Was under the Influence
When a person is impaired, they don’t have the capacity to consent to a range of activities that include getting married. When an individual can demonstrate that they were impaired by drugs or alcohol at the time of their marriage, an annulment will likely be granted. To do so, they must be able to demonstrate that both of the following apply:
They were under the influence of drugs or alcohol to the degree that they were unable to provide meaningful consent.
Since the effects of the drugs or alcohol have worn off, they haven’t acted as if they were married to the other person.
Simply not being in a position to provide legal consent at the time of a marriage isn’t enough to void the legal union. The party seeking the legal do-over must show that, after the fact, they didn’t willingly live with the other person as a married couple and that they didn’t willingly act like they were married to the other person.
One of the Spouses Lacked the Mental Capacity to Consent
In order to get married, both spouses must have the legal capacity to give their consent at the time of the marriage. While impairment by drugs or alcohol is one mechanism that can rob a person of the capacity to consent, it’s not the only one.
A mental illness or disability can also interfere with an individual’s ability to either provide consent to marry or to understand the meaning of the marriage ceremony itself. The kinds of conditions that are most likely to support such an annulment include the following:
Dementia, such as Alzheimer’s
A traumatic brain injury (TBI)
The effects of a serious stroke
A severe learning disability
Generally, a person who can’t consent to marriage as a result of a mental health concern or disability doesn’t have the capacity to have their marriage annulled and must rely on someone else to do so on their behalf, which often means a court-appointed guardian.
In those rare instances when the person suffered a temporary inability to provide consent from which they’ve recovered, they can pursue their own annulment. The reverse is also true. If you married someone who lacked the capacity to provide consent, you can seek an annulment on your own behalf as long as you didn’t live with the other person after discovery.
Fraud, Force, or Duress Was Used
No one has the right to force you into marriage – or to trick you into marriage. For a marriage to be legally binding, both spouses must voluntarily and knowingly provide their consent, and the use of fraud, force, or duress can support an annulment.
While fraud, force, or duress can be perpetrated by the other party to the marriage, it doesn’t have to be. Fraud, force, or duress on the part of another person or group of people will do the trick. Consider the legal meaning of each of these terms, including:
Fraud refers to lying about relevant information, withholding relevant information, or hiding relevant information in an effort to make a marriage happen. Ultimately, this information must rise to the level that – had the spouse who is seeking the annulment known the truth – they wouldn’t have gone through with the marriage.
Force refers to either physically forcing someone into getting married or employing a credible threat of imminent injury to force them into saying I do.
Duress refers to using some kind of pressure, which can include threats of violence, to push the other party into marrying. For the claim of duress to support an annulment, you must prove that you married in order to avoid the specific harm in question.
If the spouse who claims fraud, force, or duress goes on to voluntarily live with the other party – as a married couple after the fact – it doesn’t support an annulment. In Texas, the matter of fraud can support an annulment in a situation in which one spouse marries with the intention of obtaining a green card but does so under the pretense of love – only to seek a divorce once they accomplish their goals.
One Spouse Hid the Fact of Their Divorce
The matter of divorce can play a highly specific role in an annulment. When all the following conditions apply, a spouse can seek an annulment in the State of Texas:
The person they married got a divorce from someone else fewer than 30 days prior to the marriage in question.
The spouse seeking the annulment didn’t know about the recent divorce at the time of their marriage.
The spouse who was recently divorced put some effort into hiding it from their new spouse.
Since learning about the other spouse’s recent divorce, the spouse seeking the annulment hasn’t lived with them.
The spouse seeking the annulment filed within a year of their marriage.
While this could be classified as a form of fraud, the rules are more exacting. The divorce – or the matter lied about – must have occurred very recently. Further, the spouse seeking the annulment has only a year from the date of their marriage to do so. If more than a year has passed, however, an annulment based on fraud may still be a possibility.
Fewer than 72 Hours Have Elapsed Since Obtaining the Marriage License
Most couples in Texas must wait at least 72 hours after obtaining a marriage license to marry. Exceptions include active-duty servicemembers, those who obtain a court order waiving the requirement, employees and civilian U.S. Department of Defense contractors, and those who complete a state-approved premarital education course.
When a couple marries before 72 hours have passed since the marriage certificate was issued – and none of these exceptions apply – either can pursue a legal annulment, but they must file within 30 days of their marriage.
Impotence Is a Factor
When a spouse is unable to engage in sexual intercourse, it’s referred to as impotence, and in some situations, it can support annulment. To do so, however, the spouse seeking annulment must be able to prove all the following:
The person they married was impotent at the time the marriage took place.
The condition is permanent; the marriage hasn’t been physically consummated, and it never will be.
The spouse seeking an annulment didn’t know about the other party’s impotence at the time of the marriage.
Since learning about their partner’s impotence, the spouse seeking an annulment has not voluntarily lived with them.
When it comes to the grounds of impotence, the spouse seeking an annulment is telling the court that – had they known about it at the time of the marriage – they wouldn’t have gone through with it. Living together after learning of a new spouse’s impotency can thwart any efforts to obtain a later annulment.
It’s important to clarify here that a spouse can seek an annulment based on the other’s impotence, but an impotent spouse can also seek an annulment based on their own inability to consummate the marriage.
You May Need to Address Divorce Terms Anyway
It’s very important to understand that although you may be able to annul your marriage and, thus, void it altogether, you may need to address some divorce terms. While some annulments happen quickly, and there is generally no need to address matters such as the division of property or alimony, others are longer in the making, which means divorce terms may apply.
If There Is a Child or Children of the Marriage
If your marriage is annulled but you share one or more children, you’ll need to address the matter of child custody and child support.
Physical and Legal Custody
Texas divides child custody into physical and legal custody. Physical custody sets the parenting time schedule by which your children will split their time between you. Legal custody, on the other hand, addresses how you and your children’s other parent will make the big-picture parenting decisions that guide your children’s upbringing.
Child Support
Child support is intended to balance the responsibility of supporting your children between you and their other parent. Typically, the parent whose income is higher has the child support obligation – even when parenting time is shared evenly.
The Division of Marital Property
Although your marriage may not be recognized, any assets that you acquired over its course will need to be divided between you fairly – in relation to a wide range of factors – upon annulment.
Alimony
Alimony is called spousal maintenance in Texas, and it refers to payments made by the ex who has the means to help the spouse whom the annulment leaves without the financial ability to provide for their own reasonable needs.
Need to File for Annulment? Reach Out to an Experienced Round Rock Family Law Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock is a seasoned family law attorney with a wealth of experience successfully pursuing annulments for clients in difficult circumstances like yours.
Learn more by contacting or calling us at 254-781-4222 and scheduling a free consultation today.