Grounds for Annulment in Texas: Under Influence of Alcohol or Narcotics

A marriage may be annulled if, at the time of the marriage, the person seeking the annulment was under the influence of alcohol or narcotics and did not have the capacity to consent to the marriage. However, it is important to note that, the person seeking the annulment cannot have voluntarily lived with the other person to the marriage since the effects of the alcohol or narcotics ended. So a person regretting a marriage six weeks after the fact cannot claim that he or she was intoxicated and seek an annulment if they have been living together since the marriage.

References: Texas Family Code 6.105

Article by Sarah F. Berry, Attorney

Grounds for Annulment in Texas: Marriage of Person Under Age 18

A marriage may be annulled if one of the parties to the marriage is 16-17 years of age and did not obtain prior parental consent or a court order. (If one person is younger than 16 the marriage is void). A petition for annulment may be filed by a parent or guardian on the minor’s behalf, but must be filed before the minor’s 18th birthday. In determining whether to annul the marriage, the court will consider facts concerning the welfare of the parties and whether the wife is pregnant.

References: Texas Family Code 6.102 – 6.104, 6.205

Article by Sarah F. Berry, Attorney

How is an Annulment different from Divorce in Texas?

A divorce legally terminates a marriage. While you are no longer married, the marriage was legally valid at the time.

An annulment dissolves a voidable marriage by declaration that it was legally invalid. From a legal perspective, after an annulment, it is as if the marriage never existed.

There is also a difference between a “voidable” marriage and “void” marriage. A voidable marriage is valid and recognized until it is annulled and declared legally invalid. On the other hand, a void marriage was never valid or recognized. For example, a marriage is voidable and can be annulled if one of the parties was under the influence of alcohol or narcotics at the time of the marriage. However, this marriage will be valid unless an annulment is sought. A marriage is void if, for example, one of the parties is currently married to a third party at the time of the marriage. This marriage is invalid and will not be legally recognized.

Texas law allows an annulment only in very specific circumstances and only if the party seeking the annulment can prove certain necessary facts.

Because seeking an annulment is asking the court to declare that the marriage was void and never existed, seeking an annulment rather than a divorce can affect the processes people typically associate with a divorce such as the division of property, and all potentially affected aspects should be carefully considered.

The articles following later this month will discuss the specific grounds for an annulment in Texas.
References: Texas Family Code 6.101 – 6.206

Article by Sarah F. Berry, Attorney

How does a divorce affect your life?

Our Lawyers have been helping thousands of families during a divorce. Because of this, we have been able to observe numerous families and children going through a divorce and we are able to comment on the effects of a divorce in people's lives.

We have observed that, during a divorce, many couples forget that they are divorcing each other, and never their children. This fact is imperative since your children will be yours unless you give up on them. Although in difficult to deal with a divorce, make it a point on never forgeting your children, even during the process.

Divorces are expensive. We have created a website for those who need to be divorce but cannot afford a lawyer; nevertheless, divorce cost, specially when the spouses are wanting to fight over everything. Remember that you are paying for the attorney's time, and not on a flat fee basis.

There is life after a divorce. Although during the time that people are going through the divorce, it appears as though no hope for the future is in store; the opposite is true. A new begining can happen after a divorce. We have noticed that most if not all of our clients, have received a better life after getting divorce.

Our San Antonio Lawyers have helped thousands of people during this difficult time and we will do the same for you. We do this because "we care about your legal needs!"

Legal Separation in Texas

There is no such thing as “legal separation” in Texas. The only legal proceeding for separation is divorce. Once a divorce is filed, the court can make temporary orders concerning the parties, their property, and their children. However, some couples fee they need to be “separated” for a time to determine if their relationship is reconcilable or if divorce is truly necessary. This can cause problems because property and finances may remain joint between the spouses while married.

While there is no such thing as legal separation in Texas, it is possible for spouses desiring a period of separation with separate finances and property to enter into various property agreements, changing the ownership of property from community to separate. However, the consequences of should be carefully considered.

Legally, the spouses would still be married, and may not be completely protected from financial decisions made by their spouse, no matter how careful their planning and detailed their property agreements. Additionally, once the nature of property is changed from community property to separate property, the change in property ownership will remain effective if the separation does in fact lead to a divorce, which may not have been the intent of one or both spouses. The same is also true if the parties do not get divorced, which may have an unintended effect on property distribution upon the death of one of the spouses.

Article by Sarah F. Berry.

How Do We Divide the House in Divorce?

One of the most troublesome problems facing divorcing couples in a “down” real estate market involves division of the marital residence (or other real property they may own together). Often, couples have little or no equity in the marital residence and neither spouse will be able to re-finance the debt into their name alone.

When both spouses are joint debtors under the mortgage, a divorce decree by itself will not limit their individual liability for payment of that mortgage, and in these economic times, many mortgage lenders will not agree to release one spouse from individual liability under the mortgage.

Traditionally, one spouse agrees to be responsible for the mortgage payments (becoming essentially the property “owner”) and to indemnify the other spouse from any claims by their mortgage company until the house is sold or the mortgage is paid off; this agreement is usually secured by a lien against the marital residence (so that the other spouse is now placed in the role of a “lienholder” although behind the mortgage lender and perhaps other creditors). In other words, the “lienholder” spouse giving up the marital residence has to hope that the “owner” spouse will be able to continue making mortgage payments after the divorce and – if he or she can’t – must be ready to step in and pay the mortgage to avoid foreclosure of the property and being sued individually for any deficiency between the sales price and the accelerated amount of the mortgage.

If the marital residence has “equity” – in other words, if the value of the property is substantially more than the full amount required to pay off the mortgage – this is generally not a problem. But if the marital residence has little to no equity, or is “underwater” because the property is now worth less than the amount of the mortgage, divorcing spouses have to make some very tough decisions concerning future liability and financial risk.

Even when a divorce is “agreed” and there are essentially no disputes between the spouses about dividing marital assets, in situations where the marital residence or other real property carries substantial debt and little equity, it is best to consult with a family/divorce lawyer to advise you on potential methods for handling the marital residence in a way that will help limit exposure to potentially large and unexpected expenses after the divorce has become final.

Blog by Cynthia W. Veidt