Texas Annulment Laws
State of Texas Annulment Laws
Question: I’ve only been married for a few months. Can I get an annulment?
Answer: The length of the marriage has nothing to do with the question of the availability of an annulment. The Court may grant an annulment if the marriage is void or voidable under very specific statutory requirements. One classic example is the regrettable Las Vegas marriage. If one spouse was incapable of effective consent because that spouse was drunk, an annulment may be possible. Another basis for annulment is impotence of a partner that was not known before marriage.
Question: Having already been divorced, may I also now get an annulment of that same marriage?
Answer: Since there is already a divorce, there is no annulment available through the court. You must contact the church for that.
In other words, the court, after a divorce has already been granted, cannot grant an annulment, would not have the jurisdiction to annul that same marriage. The legal choice of approach at the time of the end of the marriage is divorce OR annulment.
Question: What are some reasons for an annulment?
Answer: You may qualify for an annulment, but the rules are pretty specific. However, if an annulment is not possible, a divorce will be. Void or voidable marriages are subject to an annulment. An example of a void marriage is if John marries Joan while he is still married to Sally. The marriage to Joan is void. An example of a voidable marriage is if John marries Ruth, who is 15, without parental consent. That marriage is voidable until Ruth turns 18. These examples are under Texas law.
Question: May I annul a marriage from another state?
Answer: When you are married in another state, yes, you may be able to get an annulment in Texas, if Texas can exert jurisdiction over you for this purpose because you or your spouse are here. However, the question of eligibility for annulment is answered by the law of the state where the marriage took place.