You should avoid the difficulties of making quick and rash wedding decisions.
Unlike divorce, an annulment will annul the marriage as if it never happened. It’s retroactive, and in Texas the state family code is very specific about the conditions under which an annulment can be granted and the time frame within which it can occur. For example, to annul a marriage because one of the parties is under the age of 18, an annulment petition must be filed within 90 days of the date of the marriage.
Marriage under the influence of alcohol / drugs
There is a wide range of situations covered by law in which an annulment can be granted by a court. One of these circumstances is a marriage that takes place under the influence of alcohol or drugs. It will be reminiscent of a lot of Las Vegas, where a couple who recently met enjoy a night out on the town and end up getting married late at night in a chapel just off the Strip. If the petitioner, the one seeking the annulment of the marriage, has not lived with the other person after the effects of the alcohol or drugs have worn off, an annulment appeal may be filed.
Avoid rushing to the altar
In Texas, you are supposed to wait 72 hours after getting your marriage license to say âyesâ. If you rushed to the altar before the waiting period has expired, your marriage may be called off if you file your request within 30 days of the wedding. However, if you marry a member, the waiting period is waived. When purchasing your marriage license, make sure you have your active military ID with you. In Texas you can visit the local county clerk’s office or go online for more information, if you are in Houston you can visit the Harris County Clerk’s website.
Many of the other situations covered by the law are much darker. A spouse who finds his partner impotent can apply for an annulment, provided that the petitioner can prove that he was unaware of the impotence before the marriage. In today’s era with alternatives such as adoption and in vitro fertilization, marriages do not have to end, as a happy and fulfilling family life can be achieved if both parties wish. .
Article 6.109 of the law provides for annulment when a marriage occurs less than 30 days after the official divorce of your new spouse. In most cases, your partner is a soul mate and a best friend, someone you have known for years before they got married. If a marriage is concluded in a hurry, it can reveal a situation in which one of the parties to the marriage is hiding important details from their past. As with other areas of the law, the applicant must demonstrate that, upon being informed of his spouse’s recent divorce, he voluntarily ceased to cohabit with him. It is also important to note that a lawsuit can NOT be brought under this section after the first anniversary of marriage. Time is running out in these areas.
Marriage involving a person under the age of 18
Three articles of the law deal with situations where one of the parties to the marriage is under the age of 18. A court can grant an annulment when a person married at the age of 16 or over and under 18 without their parents’ consent.
Persons under the age of 18 are considered minors unless they have applied to court and obtained an order that removes the âdisabilities of being minorsâ. With this type of order in hand, the court will treat the minor as an adult even if he has not reached the age requirement.
We can think of situations where this section of the law would apply. A teenage girl who becomes pregnant, a boyfriend embarking on a brilliant college career, parents who, for religious reasons or on principle, want the two to marry and have a child. The young couple may even live with parents on one side of the family or the other, until they can put their feet on the ground.
When can a marriage be declared void?
Texas Family Code law provides for situations in which a marriage may be void other than annulment. There are circumstances which make certain marriages null and void and not recognized as legal upon their creation. These rules are largely based on public order.
If a marriage is entered into while one of the spouses is still married and before a pending divorce is granted, the new marriage is invalid. If you have any questions about remarriage, you should speak to a family lawyer. You should avoid the difficulties of making quick and rash wedding decisions.
A marriage is void if you marry a person to whom they are related as:
- An ancestor or a descendant, by blood or by adoption;
- A brother or sister, of whole or mixed blood, or by adoption;
- The brother or sister of a parent of whole or mixed blood or by adoption;
- A son or daughter of a brother or sister of whole or mixed blood or by adoption.
With the advent of the Internet and the wealth of information available at your fingertips, you can do your own research on topics such as marriage and annulment. However, as in many areas of law, it is best to speak with a lawyer before making any decisions and taking action.