An annulment voids a marriage, erasing it as if it never happened. Most cases will not qualify for an annulment; however, Texas law allows an annulment under the following circumstances:
1. Under Age Marriage- Parents can annul the marriage of their children under the age of 18 who married without their permission.
2. Marriage Under the Influence of Drugs or Alcohol- At the time you married, you were drunk or on drugs, and you have not voluntarily lived with the other party since the effects of the alcohol or drugs wore off.
3. Impotency- either spouse was permanently impotent at the time of the marriage and you did not know about the impotency. You have not voluntarily lived with your spouse since learning of the impotency.
4. Married Under Fraud, Duress or Force- your spouse used fraud, duress, or force to induce you to enter into the marriage. You have not voluntarily lived with your spouse since learning of the fraud or since being released from the duress or force.
5. Mental Incapacity- at the time of the marriage, you did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect. Since the marriage ceremony, you have not voluntarily lived with your spouse when you did have the mental capacity to recognize the nature of the marriage relationship.
6. Concealed Divorce- your spouse was divorced from another person within 30 days before marrying you and you did not know about the divorce. Since discovering the hidden divorce, you have not lived with your spouse. You must bring this suit within 1 year after the marriage.
7. Married Less than 72 Hours after Getting Marriage License- after getting your marriage license, you did not wait 3 days before getting married. You must bring this suit within 30 days after the marriage.
© 2009 Rachell Miller, Attorney-at-Law
