How to Get a Marriage Annulled in Texas

Laws Vary from State to State

By Terri Rimmer, published Jun 26, 2006
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According to the Law Offices of Bob Leonard, a person may have a marriage annulled for several reasons in Texas.

Some of these include: situations where a party is under the age of 14 when married; a party to a marriage was under the influence of alcohol or narcotics; impotency is alleged; fraud, duress, or force was involved in the marriage; a party was mentally incompetent; one party concealed the fact that he or she had been divorced within the last 30 days; or the parties were married within 72 hours of obtaining the marriage license. Under the impotency category, this applies to one of the spouses not being able to have sex because of permanent mental or physical reasons. However, you cannot have known of the condition when you married and you cannot have voluntarily lived with the other party since you learned of it.

In cases such as the ones in the above paragraph, the other spouse receives nothing in return regarding property; etc.

But if you have kids you are liable for child support if you aren't the custodial parent, according to one expert.

Annulment laws vary from state to state. Fraud is a little harder to pin down in annulment cases. If you file under the grounds of fraud, duress, or force you cannot have lived with the person since you learned of the fraud or from the time that you were able to escape whatever duress or force made you marry him or her.

To dissolve most marriages, annulment is rarely an option, says one attorney.

In the case of mental incapacity, this again, goes back to marriage being a contract that's freely entered into by two competent individuals. But if at the time you were married you lacked the mental capacity to consent to a marriage or understand the nature of the marriage relationship because of mental illness or a mental defect and; you did not go on voluntary living with the other person when you had the mental capacity to understand what you had done then you can get an annulment, for example.

How to Get a Marriage Annulled in Texas

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Credit: Ten Percent Productions

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Takeaways
  • To dissolve most marriages annulment is rarely an option.
  • If you have kids you are liable for child support if you aren't the custodial parent.
  • Annulments often have additional rules which may be complicated.
Did You Know?
Lady Bird Johnson had one of her marriages annulled?
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