Grounds for Annulment in Texas: Marriage Less than 72 Hours after Issuance of License

A marriage may be annulled if the marriage took place less than 72 hours after the marriage license was issued.  The suit to dissolve the marriage must be brought within 30 days of the marriage.

Post by Sarah F. Berry

Grounds for Annulment in Texas: Concealed Divorce

A marriage may be annulled if the spouse seeking annulment can show that the other spouse obtained a divorce right before their marriage and that he or she did not know about the previous marriage and divorce.   The divorce has to occur within the 30 day period before marrying the new spouse, and a suit to annul the marriage has to be filed by the first anniversary of the marriage.  Additionally, the spouse seeking annulment has to show that he or she has not lived with their spouse since discovering the prior marriage and divorce.

Post by Sarah F. Berry, Attorney

Grounds for Annulment in Texas: Mental Incapacity

A marriage may be annulled due to the mental incapacity of one of the spouses at the time of the marriage.  Either spouse may seek the annulment. 

If the spouse with the mental incapacity seeks an annulment, (s)he must prove that at the time of the marriage (s)he did not have the mental capacity to consent to marriage or understand the nature of the marriage ceremony, and that since the ceremony, they have not lived together during a period in which (s)he possessed the mental capacity to recognize the marriage relationship.  A suit may also be brought by the person’s guardian.

If the other spouse seeks an annulment, (s)he must prove that at the time of the marriage the other party did not have the mental capacity to consent to marriage or understand the nature of the marriage ceremony and that (s)he did not know or have reason to know of the mental incapacity.  Again, they cannot have lived together since the mental incapacity was discovered or should have been discovered.

Article by Sarah F. Berry, Attorney

Grounds for Annulment in Texas: Fraud, Duress or Force

A marriage may be annulled if the person seeking the annulment can show that the other party used fraud, duress, or force to induce them into the marriage. Like several other grounds for annulment, the person seeking the annulment cannot have continued living with the spouse since learning of the fraud or being released from the duress or force. By Sarah F. Berry, Attorney

Grounds for Annulment in Texas: Impotency

A marriage may be annulled if the spouse seeking annulment can show that either of the spouses was impotent at the time of the marriage, that the spouse seeking annulment was not aware of the impotency, and that he or she has not lived with their spouse since discovering the impotency. References: Texas Family Code 6.106 Article by Sarah F. Berry, Attorney

Grounds for Annulment in Texas

Generally, under Texas law, a marriage can be annulled if, at the time of the marriage:

1. Marriage of Person Under Age 18: one party was under the age of 18 years old

2. Under Influence of Alcohol or Narcotics: the person seeking the annulment was under the influence of alcohol or narcotics

3. Impotency: one of the married persons is permanently impotent

4. Fraud, Duress or Force: the person seeking the annulment entered the marriage under fraud, duress, or force

5. Mental Incapacity: one of the married persons did not have the mental capacity to consent to marriage or understand the nature of the marriage ceremony

6. Concealed Divorce: the person seeking the annulment discovers the other person concealed they were divorced within 30 days before the marriage

7. Marriage Less than 72 Hours after Issuance of License: the marriage took place less than 72 hours after the license was issued

The articles following later this month will discuss in detail the grounds for an annulment in Texas.

References: Texas Family Code 6.101 – 6.206

Article by Sarah F. Berry, Attorney