In Texas, the end of a marriage can occur for a number of reasons. Many might not realize that it is possible to have an annulment to completely nullify the marriage as if it never existed. A previous post discussed several justifications for an annulment. This post will discuss the remaining reasons a marriage can be annulled under state law.
If a marriage occurred through fraud, duress or force, the marriage can be annulled. It is also possible to have an annulment if the petitioner did not cohabitate with the other party on a voluntary basis after being made aware of the fraud or being released from the force or duress. An annulment can also be done due to mental incapacity. This can be done if the petitioner did not have the mental capacity at the time of the marriage to understand what was happening or if the petitioner was not voluntarily cohabitating with the other party when the petitioner was able to recognize the marriage. There can also be an annulment due to mental incapacity if: the court finds that the other party did not have the mental capacity at the time to understand the situation; if the petitioner did not know about the mental disorder; and if the petitioner discovered the mental incapacity and had not cohabitated with the other party.
If there was a concealed divorce, the court can grant an annulment. This can be done if: the other party was divorced from a third party within the 30 days before the date of the new marriage; if the petitioner was not aware of the divorce; and if the petitioner discovered the divorce and has not cohabitated with the other person voluntarily. A marriage that has lasted for less than 72 hours after the license was issued can also be annulled. Finally, if there was the death of a party to voidable marriage, the marriage that is subject to annulment cannot be challenged in a proceeding that began after the death of either of the parties in the marriage.
With the end of any marriage, there are likely to be disputes, hight emotions and other factors. An annulment is different in the context of divorce legal issues as there are specific reasons that can justify trying to move forward with it. Those who are considering an annulment should understand how it is done and its criteria by discussing the matter with an experienced divorce attorney.
Source: Texas Family Code, "Subchapter B. Grounds For Annulment Sec. 107, Sec. 108, Sec. 109, Sec. 110, Sec. 111," accessed on Dec. 20, 2015