There are instances where an Austin divorce attorney may advise a client that she should seek an annulment rather than a divorce. An annulment is a legal ruling that a marriage never existed. A divorce, on the other hand, is a legal order terminating or dissolving a marriage.
Legal Grounds for Annulment
Under Texas law, certain marriages are void or voidable. Examples of void marriages include those between close relatives or where either party is still legally married to someone else. Void marriages are not recognized by the law.
Voidable marriages are legal and, therefore, may only be annulled by the filing of a court action. The grounds for annulment under Texas law include:
• Underage At Time of Marriage - If one of the parties to the marriage is under the age of 18 and does not have parental consent or a court order authorizing the marriage, it may be annulled. Additionally, if one of the parties to the marriage is under the age of 16 and does not have a court order authorizing the marriage, it may be annulled.
• Prior Divorce Within 30 Days - If one of the parties to the marriage was divorced from someone else during the thirty day period immediately preceding the marriage, it may be annulled.
• Intoxication - If one of the parties to the marriage was under the influence of drugs or alcohol at the time of the marriage and was so intoxicated as to be unable to consent to the marriage and the parties have not co-habitated, the marriage may be annulled.
• Impotence - If the husband is permanently impotent and the wife did not have knowledge of the condition prior to the marriage and ceased to live with him upon learning of the impotency, the marriage may be annulled.
• Fraud, Duress, or Force - If one party entered into the marriage as a result of fraud, duress, or force, it may be annulled.
• Mental Illness - If one party to the marriage is mentally incompetent and unable to consent to the marriage, it may be annulled.
• 72-hour Waiting Period - If the marriage took place within 72-hours of issuance of the marriage license, it may be annulled.
Annulment Procedures
Obtaining an annulment is not as easy as it may seem because the plaintiff must prove all elements of the her case before the court will grant the annulment. In some instances, both parties may agree to the annulment and should file a written agreement with the court at the time the petition for annulment is filed. An Austin family lawyer can be of assistance in drafting the petition for annulment and the agreement.
If the parties to the marriage cannot agree to have it annulled, they must appear at a hearing where the judge will hear the evidence and make a ruling. If a plaintiff in an action for annulment fails to prove her case, she will need to file for divorce in order to end the marriage.
Before filing a petition for annulment, you should consult with an qualified Austin divorce attorney. An Austin Divorce Attorney should be familiar with the elements which must be proven in an annulment case and can advise you as to whether you should file for an annulment or seek a divorce.
