What are the grounds for a marriage annulment in Texas?

On Behalf of | Dec 28, 2021 | Family Law

To many San Antonio residents, the idea of having a marriage annulled is much more appealing than getting a divorce. If granted, an annulment will render your legal union nonexistent, essentially erasing the marriage from state records.

Unfortunately, it is much harder to get an annulment than it is to get a divorce. However, if your situation meets the legal requirements, you may succeed in seeking to annul your union.

Who is eligible for a Texas annulment?

It is more about the circumstances of the marriage than it is about individual eligibility. In other words, anyone with proper grounds may seek an annulment in Texas. Examples of the legal reasons Texas courts grant annulments include the following.

  • In marriages involving underage people who married without parental consent, a parent or guardian may seek an annulment.
  • In marriages involving fraud or force, the wronged party may pursue an annulment after ceasing voluntary cohabitation.
  • In marriages involving a person with mental incapacity, the guardian or “next friend” of the incapacitated party may seek to annul the marriage.
  • In marriages involving incapacity due to intoxicating substances (alcohol, drugs, etc.), annulment is possible if the person does not voluntarily cohabitate with the other party after the intoxication dissipates.
  • In marriages involving sexual dysfunction (impotency), annulment is also possible. However, petitioners may not reside voluntarily with the other party after learning about the problem.

We recommend that you continue to familiarize yourself with the annulment laws in Texas before filing a petition. That way, you can find out if you qualify to have your marriage annulled. Remember, if you fail to qualify, you can still seek a divorce through traditional means.