Waco Family Law
Similar to a divorce (the marriage is over) but legally means the marriage never happened. You can get your marriage annulled if any of the following are true:
1. You are age 16-17 and you married without parental or judicial consent; the suit must be filed within 90 days of the marriage and before the minor turns 18.
2. You were under the influence of drugs or alcohol and have not voluntarily cohabitated since the intoxication has worn off.
3. Your spouse has permanent impotency that was concealed at time of marriage and you have not voluntarily cohabitated since learning of it.
4. Fraud, duress, or force was used to get you to marry your spouse and you have not voluntarily cohabitated since learning of the fraud or since being released from the duress or force.
5. Suit by next friend – You lack the mental capacity to marry and have not voluntarily cohabitated since having the mental capacity to recognize the marriage relationship.
6. Your spouse lacked mental capacity and you have not voluntarily cohabitated since learning of your spouses mental incapacity.
7. Your spouse concealed divorce within 30 days and you have not voluntarily cohabitated since learning of the concealed divorce.
8. Marriage within 72 hours of getting marriage license – suit must be brought within 30 days of marriage.
Please note - this is different than a "church annulment" which may be required by your church prior to allowing you to marry a second time in your church. This is a legal annulment under the Texas Family Code, sections 6.102-6.110.
Jurisdiction TFC 6.306 - if married in Texas or if either party domiciled in Texas.
Annulments are rare - I've done 3 in 20+ years!
Please realize the information contained on this web site should not be construed as legal advice nor does it create an attorney-client relationship between us. It is simply here as a means for me to provide you some basic information for you to use when deciding on whether or not you need to hire an attorney. Because each case is different, it would be impossible for us to provide legal advice on a web site.
Gary Cunha, P.C., Attorney and Counselor at Law
P.O. Box 518, Hewitt, TX 76643