This past year I had one consultation that I will not forget about soon. If you were not aware, the Law Office of Bryan Fagan, PLLC, offers free of charge consultations to you or anyone else interested in learning more about annulment lawyers or a potential family law case. We conduct the talks at our office, and they are free of charge. Most people come in and ask questions about one specific area that they have questions about.
The unforgettable consultation that I was referencing in the opening came in to discuss an annulment. I have never spoken with a person about an annulment before this individual consultation and have not talked with anyone about one since. However, it is not the subject alone that will cause this interaction to stick with me.
A young lady came in to speak to me about an annulment and did so with a man. The man is the person who I assumed she was coming in to discuss getting an annulment from.
After about one minute, it became apparent that this was not the case. She told me she had consumed one (or four) too many adult beverages the day prior with a female friend of hers. Then she managed to find themselves at a municipal court building here in the Houston area. The next thing she knew, she and her friend had been legally married.
Call it an unintended consequence of the new laws regarding same-sex marriage or a reason to moderate your future alcohol-related activities. Nevertheless, this lady found herself needing the assistance of annulment lawyers to declare her marriage void. Is the scenario above one covered by our state’s laws on annulments? Let’s discuss that subject in today’s blog post from the Law Office of Bryan Fagan, PLLC.
Annulment basics
If you want an annulment, you must convince the court that your marriage was never valid. This means you can’t claim rights to the other person’s income or property. If a child was born during the annulled marriage, state law already determines their parentage. It legally makes both of you their parents.
Having a court approve an annulment
This part is easier said than done. I conveyed this to the woman who met with me at the office last year. If you are a person who cohabited with another adult, had a relationship, held yourselves out to the community as married, and agreed to be married between each other, this situation can be challenging to navigate. In that case, you meet the requirements of common-law marriage. The critical point in all of this is to understand that while you may think that you have grounds to have a union declared void, it may be that you and the other person were living together as spouses for some time but did not know it.
Younger than 18
A person under the age of 18 requires parental permission to marry. In Texas, under no circumstances can a person under the age of 16 marry. Therefore, we are specifically addressing individuals between the ages of 16 and 18 in this section.
If you, your parent, or your guardian seek an annulment based on the lack of parental approval, then there are sufficient grounds for granting that annulment.
You must seek the annulment within 90 days of the marriage commencement. However, it is not an open and shut matter, as the judge can decide to allow the union to remain in place. If, for some reason, the judge determines that you or the other person in a marriage like this would suffer harm due to the annulment, they may choose not to declare the wedding void.
Impotence
Impotence is another way to declare a marriage void in Texas. If you or the other person in your annulment case were impotent when the marriage began, and the requesting spouse was unaware of the impotence, then the court can declare the marriage void. Keep in mind that if you are the party seeking the annulment and continue to reside in the same residence as the other party even after learning of their impotence, the court may not have to grant the annulment. So, where you live after finding out this information has a great deal of bearing on the ultimate determination you are seeking.
So far, our woman from the consultation has not been spared from the consequences of her lack of judgment in getting married. Fortunately for her, there are a few more ways to declare a marriage void and grant an annulment in Texas. We will discuss those in tomorrow’s blog post from the Law Office of Bryan Fagan, PLLC.
After discussing the annulment options, you’ll know if I can provide peace of mind to this potential client.
Questions on annulments in Texas? Contact the Law Office of Bryan Fagan, PLLC, today.
If you have any questions about the material covered in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. The best way to learn more about any subject in Texas family law is to speak with a licensed family law attorney. Our office offers free of charge consultations six days a week in which your questions can be answered. One of our attorneys will meet with you in a pressure-free environment where your questions can be answered, and information about our office can be discussed.
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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 “https://www.bryanfagan.com/the-divorce-process”>>Lawyers right away to protect your rights.
Our ref=”https://www.bryanfagan.com/family-law/all-family-law-practice-areas/annulment”>>Annulment </a>lawyers in Houston, TX, 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.
