Today’s blog post about annulment in Texas online begins with a story. I recently conversed with a woman who recounted her high school romance. Following graduation, their relationship persisted as they both found employment at the same Houston-based business.
Given her young age and her religious upbringing, she was against having premarital sex. Her boyfriend’s respect for her decision didn’t really become an issue in their relationship until they got married. On their wedding night and during the following couple of days it became obvious that her new husband was impotent. This came as a shock to our potential client.
This nice lady wanted to know simply if she is able to get out of the marriage. She asked whether or not she could get an annulment. This is an issue that has major importance for some of you out there. However, it is one that we do not write about all that much. With all of that said let’s dig into it further today.
Annulments in Texas- how to determine if you are eligible for one?
Fortunately for the young lady in the above story, I was able to answer her. Yes, she was likely eligible to get an annulment due to her marriage being void. It is quite difficult to actually qualify for an annulment. Most folks who attempt to get an annulment end up having to settle for a divorce. It is a longer and more detailed process even for a marriage that lasted only a month or so.
Texas categorizes the grounds for annulment into two categories: void and voidable marriages.
Void marriages are those that are not valid due to issues regarding consanguinity or the existence of a prior marriage. Consanguinity is a fancy word for when a person marries a relative. Relative means a person who is a “close” relative like a sibling, parent, uncle, aunt, niece, or nephew. If this is the case for you and your marriage then you can get an annulment.
If either you or your spouse were already married at the time of the marriage, it serves as another ground for obtaining an annulment based on a void marriage. While these issues don’t arise frequently, they are worth mentioning as potential grounds for declaring a marriage void.
What is a putative spouse?
If your spouse was already married when you got married, the law considers you a putative spouse. This is provided you had no reason to suspect your marriage was invalid. As a putative spouse, you can claim what would typically be community property in a valid marriage.
However, exercise caution. Your right to recover property in this quasi-property division situation ceases once you learn that your spouse was already married when you married them. You can only recover property from the period starting with your (void) marriage until you discover your spouse’s prior marriage.
Exploring Voidable Marriages: Easier Grounds for Annulment?
Voidable marriages involve a little more wiggle room in terms of being able to make an argument. Consanguinity and already being married at the time you were getting married to another person are tough points to argue. Either those factors are relevant or they are not. Voidable marriages allow you to make an argument. This leads me to believe that they are easier grounds on which to get your annulment.
Let’s start off with two unfortunate situations that can lead to an annulment. If either you or your spouse are found to be mentally incapacitated or have a significant mental illness, the court can declare the marriage voidable. Mental incapacity basically means that you or your spouse were under the influence of drugs or alcohol at the time your marriage began. This ground is based on the premise that if you were intoxicated, you would be unable to consent to marriage.
Understanding Fraud in Voidable Marriages
Next, let’s discuss fraud as another ground for potentially declaring a marriage voidable. If you were forced, threatened, or otherwise coerced into getting married, your marriage may be considered voidable. What sort of circumstances avail themselves most often to fraud? Well, if your spouse coerced you into a marriage with a threat of you losing your residency in the United States that may be grounds for an annulment. Being blackmailed or threatened into marriage to prevent a painful or embarrassing secret from being revealed could also serve as the basis for an allegation of fraud.
Impotence is a ground that we have already covered. If either you or your spouse is found incapable of having sexual intercourse or fulfilling the role in the reproductive process, the marriage may be declared voidable. Keep in mind that if you are the one asking for the annulment you must have left the marital home as soon as you found out about the impotence. If you remained in the home voluntarily then it is likely that a court would not grant your annulment request.
After your divorce, wait thirty days to get married
The law in Texas is that if you get a divorce you must then wait for thirty days until you can marry again. A motion for a new trial can be filed in a civil case if you file within thirty days of the final judgment in your case.
This means that if you are marrying a person who recently got a divorce you must wait until your spouse-to-be’s ex-spouse has time to file a motion for a new trial if he or she chooses. You need to get your annulment before your first wedding anniversary or you lose the right to pursue an annulment on these grounds.
After you obtain your marriage license, wait three days to get married
Similarly, the law in Texas requires that you and your spouse wait at least 72 hours after you obtain a marriage license to actually get married. The failure to do so could result in a voidable marriage should one of you raise that issue to a court.
Issues to be concerned with when attempting to obtain an annulment
When contemplating annulment in Texas online, it’s crucial to consider any shared property or assets with your “spouse,” such as your home, bank accounts, debts, and vehicles. Issues may arise regarding mortgages and credit cards, particularly when vacating the marital home. Unlike divorces, the Texas Family Code doesn’t address property division in annulment cases, leaving couples to negotiate these matters independently. Seeking mediation can be beneficial, especially when navigating challenges like removing a name from a title document or refinancing a loan.
Where to begin when considering an annulment? Contact the Law Office of Bryan Fagan
As you can tell, the first step towards pursuing an annulment is to actually see if you qualify. Your circumstances may not be straightforward and you may need to speak to someone with experience in family law to determine if it is even worth your while to pursue an annulment as opposed to a divorce.
If you are interested in speaking with an experienced and seasoned group of attorneys then you need to look no further than those with the Law Office of Bryan Fagan, PLLC. Our attorneys handle a variety of family law cases including divorces. We take pride in representing people in our community just like you. To learn more about your case and about our office please do not hesitate to contact us today. We offer free-of-charge consultations six days a week where we can answer your questions and address your concerns in a comfortable and pressure-free environment.
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Other Articles you may be interested on regarding Adultery
- How to Annul a Marriage in Texas
- How Texas Courts View Sexless Marriages in Divorce Cases
- What Are The Top 5 Questions To Ask A Marriage Counselor?
- Can I sue my spouse’s mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
- When is, Cheating Considered Adultery in a Texas Divorce?
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
- Texas Divorce Morality Clause: Be Careful What You Ask For
Frequently Asked Questions
In Texas, annulments are granted when the marriage is considered void or voidable. Grounds for annulment may include issues like consanguinity (marrying a close relative), bigamy (one party is already married), fraud, impotence, or mental incapacity at the time of marriage. Each case is unique, and it’s essential to consult with a legal professional to determine eligibility for an annulment.
In Texas, there is no specific time limit to seek an annulment. However, it’s crucial to act promptly once you become aware of the grounds for annulment. Delaying the process may affect your eligibility, and the court may consider other legal remedies, such as divorce if the annulment is no longer an option.
To dissolve a marriage in Texas, you have two options: divorce and annulment. While divorce ends a valid marriage, annulment treats the marriage as if it never existed. The process for both options involves legal paperwork, court procedures, and potential negotiations on property division, support, and child custody. Consulting with an attorney can help you navigate the process effectively.
The cost of getting an annulment in Texas can vary based on the complexity of the case, legal representation fees, and court expenses. Annulment proceedings may involve additional costs if disputes arise over property division, child custody, or support. It’s advisable to discuss potential costs with your attorney during the initial consultation.
Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce 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.
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.
