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Understanding annulment in Texas

For many of the San Antonio residents we work with here at The Law Office of Roland R. Esparza, P.C., getting divorced is not enough. In some cases, they may question whether the marriage was ever valid to begin with. This can be achieved through an annulment. If you are looking to challenge the validity of a marriage, you may want to learn all that you can about the annulment process so as to avoid any potential issues that may arise as it plays itself out.

There are certain scenarios spelt out in the Texas Family Code where a marriage may automatically be voided. The most common of these may be when either you or your partner are under the age of 16 and have not obtained the proper consent. Other cases include if you married a parent, child, sibling, or extended family member related to you by either blood or adoption. Marriages between current and former stepparents and stepchildren are also considered void, as are those where you or your partner are currently married to another.

You can choose to seek an annulment as an alternative to a divorce in the following circumstances:

  •          You married under duress or the threat of force, or as the result of fraud.
  •          Your spouse is revealed to have a diminished mental capacity.
  •          Your spouse concealed that he or she had divorced within 30 days of your marriage.
  •          The marriage was in violation of Texas’ 72-hour Rule regarding recently issued marriage licenses.
  •          You discover your partner is impotent.
  •          You were intoxicated or under the influence of drugs at the time or the marriage.

In cases of impotency or chemical impairment, you cannot have cohabited with the spouse since the marriage.

More information on ending a marriage can be found on our site. 

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