Legal annulment and divorce are two distinct methods of dissolving a marital union, differing in both the reasons for the decision and the resulting outcomes. Divorce is suitable for couples who decide to part ways due to irreconcilable differences or when the dissolution is fault-based. Annulment may be appropriate when there are grounds to prove that the marriage was never valid from the beginning. To understand more about the marriage annulment in Texas, reach out to our Friendswood divorce attorneys at Hannah Law.
Reasons for Marriage Annulment in Texas
Annulment dissolves a marriage by declaring it void. In Texas, there are specific grounds for annulment outlined in the Texas Family Code. There are several grounds for annulment Texas courts will consider:
1. Underage Marriage
This implies one of the spouses was under the age of consent and did not obtain parental permission at the date the marriage was recorded. One significant issue would however been an instance where both spouses continued to cohabitate after the underage spouse had become of age.
2. Force, Fraud or Duress
If either of the spouses was forced into a marriage under a threat of force, this may be grounds for annulment. However, if the defrauded party agrees to continue cohabitation, the court may decide against annulment.
3. Bigamy or Incest
Marriages between two people that are related within the third degree of consanguinity can be annulled. This goes the same for parties where bigamy can be proven. One important thing to remember in both cases is that annulment can only be requested within a 90-day frame of discovering the issue.
4. Mental Incapacity
If one of the spouses was mentally incapacitated at the time the marriage was recorded, the marriage can be annulled. The same 90- day window applies. However, if at the time of the annulment proceedings, the spouse can prove they have recovered, the court can decide against annulment.
Other potential grounds exist, such as impotency or marriage under the influence.
How to Get an Annulment
If you are considering an annulment, it is advisable to consult a Friendswood, Texas divorce lawyer. They can help determine what your best option would be. One crucial aspect you should be aware of is the statute of limitations. In most cases, there will be certain deadlines you have to be aware of.
For instance, if one of the spouses was under the age of consent, they are entitled to filing only within four years of reaching legal age. But a family member or a legal guardian can file before that period.
Four years is also the deadline for filing in the case of forceful or physical incapacity grounds for annulment. In cases concerning bigamy or mental wellness, the filing period extends to the other spouse’s entire span of life.
A legal professional can help you start the annulment proceedings in Texas, by putting together a petition that explains the legal grounds for requesting annulment. It is not advisable to request this on your own behalf, as there are factors you may lose sight of, such as child custody and support, or other financial consequences.
What Happens When Children Are Involved?
If the marriage you would like to obtain annulment for resulted in children, this may complicate the proceedings. In this case, your case will have to include a Suit Affecting the Parent-Child Relationship (SAPCR), which needs to address issues like child support, health insurance and visitation rights.
The suit can be completed by mutual agreement if both spouses agree on all issues and are willing to sign the SAPCR forms.
Contact a Friendswood, Texas Divorce Attorney Today
If you are considering marriage annulment in Texas, call Hannah Law for a consultation. Our Friendswood team of attorneys will consider your circumstances and recommend either annulment or divorce. Don’t make any decisions without seeking our professional advice.
