There are instances when a client will contact an Austin divorce attorney about having a marriage annulled, when in actuality what they want is to have the marriage declared void. It is not uncommon for a person to confuse annulment with having a marriage declared void.
Only voidable marriage may be annulled. A voidable marriage is a legal and valid marriage which may be set aside under certain circumstances. Your Austin divorce attorney will tell you that the few examples of voidable marriages are:
• A marriage where one or both parties were under the age of 18 at the time of the marriage and did not have parental consent;
• A marriage where one or both of the parties were under the age of 16 at the time of the marriage and did not have court authorization to get married; and
• A marriage that occurred before expiration of the 72-hour waiting period after issuance of the marriage license.
A voidable marriage can only be dissolved by filing for an annulment. If the parties continue to reside together and otherwise conduct themselves as a married couple, they will be recognized as much under the law.
