While divorce is the dissolution of the marriage contract, annulment determines that the marriage was not legal to begin with. If you need an annulment, you need focused legal representation. The annulment process is legally exacting, which makes it in your best interest to reach out to an experienced Waco annulment attorney sooner rather than later. 

A Note about Your Legal Rights

An annulment returns you to your status prior to the marriage. This means that there is no division of community property because the legalities for forming a legal community were not met. Any assets acquired during the purported marriage, however, must be divided fairly – or in a just and right manner. Further, spousal maintenance – or alimony – will not apply. 

If, however, you had a child or children during the marriage that was ultimately annulled, who the parents are is legally established. This means that child support and the parenting time schedule must be resolved the same way as they would in a divorce. 

The Grounds for Divorce in Texas

The State of Texas has seven specific grounds that render a marriage voidable through annulment. 

At Least One Party Was Underage

To legally marry in Texas, anyone between the ages of 16 and 18 must have proper consent. This requires a parent or guardian of the underage spouse to file a petition with the court within 90 days of the marriage. Once the underage spouse reaches the age of 18, they can no longer seek an annulment based on age. 

Fraud, Duress, or Force Was Involved

When a marriage is the result of coercion, force, fraud, or deception, it lacks the required voluntary consent. To qualify under this category, the duress involved must have directly affected the individual’s decision to marry.

At Least One Party Was Impaired

When at least one of the spouses was too intoxicated to recognize they were getting married in the first place, the marriage can be invalidated. To do so, however, the individuals cannot have lived together as a married couple after the marriage.

Permanent Impotency Was Involved

When one spouse is physically incapable of consummating the marriage, it can support an annulment. To do so, however, each of the following must apply:

• The impotency existed prior to the marriage.
• The impotency is permanent.
• The party seeking the annulment can prove they did not know about the impotency prior to marriage.
• The parties did not continue living together as a married couple after the impotency was discovered. 

Additional Grounds

In addition to the above, the following can serve as grounds for annulment in Texas:

• A concealed divorce that happened within 30 days of the marriage
• Mental incapacity to consent
• Violation of the required 72-hour waiting period from the time of obtaining the marriage license to the ceremony

An Experienced Waco Annulment Lawyer Can Help

Brett Pritchard at The Law Office of Brett H. Pritchard is a diligent Waco annulment attorney who is committed to using his immense legal insight in defense of your rights and in pursuit of an advantageous case outcome. Learn more by contacting or calling us at 254-781-4222 to schedule a free consultation today.