In a previous blog post, we explored annulments in Texas, inspired by a distinctive case at the Law Office of Bryan Fagan, PLLC. We encountered a woman seeking an annulment from a friend she married while intoxicated, an incident that occurred within a Harris County Municipal Court building. This unique case underscores the various reasons that can lead to an annulment in Texas. Today, we dive deeper into various annulment grounds, beginning with fraud or duress, with insights from The Woodlands, Texas divorce lawyers on our team.
Annulment Grounds: Fraud or Duress
Fraud and duress serve as valid reasons for an annulment. Being coerced into marriage or misled by false promises are scenarios that justify annulling a marriage. These grounds apply if you did not cohabit with your spouse after escaping the influence of the fraud or duress. A judge will determine when you were free from these controlling factors. Quick separation from your “spouse” is advisable in such cases.
Concealed Divorce as a Ground for Annulment
A spouse’s failure to disclose a recent divorce can lead to annulment. If your spouse was divorced less than thirty days before your marriage, you might be eligible for annulment, provided these conditions are met:
1. You were unaware of the divorce before marriage.
2. You have not lived with your spouse since discovering the divorce.
3. You must file for annulment within one year of the marriage.
Annulment Due to Mental Incapacity
Mental incapacity of either spouse at the time of marriage is another ground for annulment. If you can demonstrate that neither you nor your spouse could comprehend or consent to the marriage due to mental incapacity, annulment may be possible. Living together after the discovery of the mental incapacitation might negate this ground.
Annulment for Marriages Under the Influence
If you were intoxicated or under the influence of drugs during your marriage vows, it could be grounds for annulment. It’s crucial to separate from your spouse once sober to strengthen your case for annulment.
Lessons from Annulment Cases in Texas Family Law
Returning to our initial case, the intoxicated woman did have grounds for annulment. This case, alongside her supportive boyfriend, exemplifies the nuanced paths to annulment in Texas. While many scenarios can lead to annulment, the conditions are precise, and legal advice is crucial. Importantly, cohabitation after becoming aware of an annulment ground can lead to common-law marriage, complicating the situation.
The Law Office of Bryan Fagan, PLLC: Advocating for Southeast Texas Families
At the Law Office of Bryan Fagan, PLLC, we prioritize our clients’ interests and are proud to represent southeast Texas families. Whether you have questions about annulments or other aspects of Texas family law, our team is here to help. We provide free consultations with our experienced family law attorneys, including The Woodlands, Texas divorce lawyers, who are ready to assist you in navigating these complex legal waters.
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Other Articles you may be interested in:
- Annulments in Texas
- Annulment Essentials for Texas Residents
- 10 Facts You Never Knew About Texas Annulment
- Frequently Asked Questions Regarding Texas Annulment
- How an annulment is different than a divorce in Texas
- Frequently Asked Questions Regarding Common Law Marriage and Divorce
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- Frequently Asked Questions in Texas Divorce Cases
- 15 Myths About Divorce in Texas
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- Making Postnuptial Agreements Stick in a Texas Divorce
Law Office of Bryan Fagan, PLLC | Annulment, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding annulments, it’s essential to speak with one of our Houston, TX Annulment Lawyers right away to protect your rights.
Our Annulment lawyers in HoustonTX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles annulment cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
