What is an Annulment?
An annulment is not an instant divorce. Different rules apply.
An annulment is a lot like a time machine. An annulment is a formal declaration that a marriage never happened. An annulment is not a quick divorce. In Texas and other no-fault states, spouses can divorce each other because they don’t want to be married anymore. A court may only grant an annulment for specific reasons, which are outlined below. Moreover, unlike divorce, annulment does not address matters like child custody and property division. The annulment only severs the legal relationship between two people.
Usually, the same Fort Worth family law attorney handles an annulment and any ancillary proceedings, such as an SAPCR (suit affecting parent-child relationship) or a property division. An SAPCR is a family lawsuit, and a property division matter is a civil action, so the rules are slightly different. Also, as outlined below, spouses often waive their right to obtain annulments without knowing it. So, an immediate consultation with a Fort Worth family law attorney is essential in these situations.
Voidable Marriages
Most annulments involve voidable marriages. These marriages are legal, unless one of the spouses files a legal action and a judge grants an annulment. In Texas, voidable marriages are:
- Spouse under 18 at the time of marriage,
- Failure to observe the seventy-two hour waiting period between issuance of a license and marriage ceremony,
- Concealed divorce (Spouse A didn’t tell Spouse B about all prior divorces),
- One spouse under the influence of alcohol or drugs at the time of marriage,
- Mental incapacity,
- Fraud, duress, or force, and
- Permanent impotence.
When you think about it, almost all marriages fall into one of these categories. Fraud, duress, or force is a good example. According to Section 6.107, the fraud, duress, or force must have “induce[ed] the petitioner to enter into the marriage.” Usually, “induced” means compelling someone to do things they wouldn’t have done otherwise.
Assume Paul and Linda are considering marriage, but Paul won’t pull the trigger. After Linda fraudulently tells Paul she’s pregnant, Paul goes to the altar with Linda. Did Linda’s conduct compel Paul into doing something he didn’t want to do? Maybe or maybe not.
Moreover, in most cases, if the petitioner (filing party) voluntarily cohabitated with the respondent after the effects of the drugs and alcohol wore off, Linda admitted she lied, or whatever, the marriage cannot be annulled. These spouses must get divorced.
Void Marriages
Marriages to certain relatives are void. So are plural marriages. A person may only be legally married to one other person.
A prohibited marital relationship (consanguinity) is a brother or sister, aunt or uncle, niece or nephew. Step-relatives count as relatives. You can marry your cousin in Texas, assuming the marriage is not voidable.
Furthermore, a marriage is void (it never happened) if either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse. The cohabitation rule applies to plural marriages.
In both plural marriage and consanguinity matters, the petitioner must still file a petition. However, except in the case of cohabitation and plural marriage, the judge grants the petition as a matter of law.
Work With a Thorough Tarrant County Attorney
Some Texas marriages are void or voidable. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.