Although it’s rare, there are situations where divorce isn’t necessary because the marriage can be legally annulled. Divorces stem from something that happened within a valid marriage, while annulments happen if the court decrees that a marriage was ineligible from the start. After a marriage is annulled, it’s like it never even happened from a legal standpoint. Today we’ll examine some of the most common reasons an annulment could take place:
Underage Spouse:
If one of the spouses was at least 16 but under 18 when the marriage occurred, then it’s possible for it to be annulled. However, this only applies if there are no extenuating documents and if the spouse in question is still under 18 when the petition is filed.
Fraud:
Another reason an annulment might be granted is if one of the parties lied or practiced some form of deception to make the marriage happen. A prominent example is a spouse concealing the fact that they were previously divorced before the wedding took place.
Duress or Force:
A marriage that’s carried out against someone’s will typically has no legal standing. Texas residents who were coerced into getting married through violence, blackmail, or some other threat have a strong case for its dissolution.
Mental Incapacitation:
Someone who was under the influence of alcohol or narcotics when they got married could have grounds for annulment. They could argue that they were not in a fit state to make a decision of that magnitude. This also extends to anyone with cognitive or mental disabilities.
Ignored Waiting Period:
Perhaps the most simple reason an annulment can happen is if the wedding ceremony took place less than 72 hours after the marriage license was issued. While there are exceptions, this could be enough to render the marriage technically invalid.
Eaton Law Is Here For You
Regardless of the factors at play, it’s important to note that annulment is ultimately up to the presiding judge. Even if the reason for abrogating a marriage seems particularly strong, there is no guarantee it will be granted. Whether you want more information about annulments or need help filing for divorce, consider us your go-to source for family law expertise in Texas.
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