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ANNULMENT

Pursuant to Tex. Fam. Code Chapter 6, a Texas court may grant an annulment of marriage only for the following reasons:
  1. One party to the marriage was between the ages of sixteen (16) and eighteen (18) and did not obtain parental consent or a court order to be married;
  2. If at the time of the marriage, the party seeking a divorce was under the influence of alcohol or narcotics and as a result did not have the capacity to consent to the marriage AND the party seeking a divorce has not voluntarily cohabited with the other party to the marriage since the effect of the alcohol or narcotics ended;
  3. Either party, for physical or mental reasons, was permanently impotent at the time of marriage, the party seeking a divorce did not know of the impotency at the time of marriage, and the party seeking divorce has not voluntarily cohabited with the other party since learning of the impotency;
  4. The other party to the marriage used fraud, duress, or force to induce the party seeking divorce to enter into the marriage and the party seeking divorce has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force;
  5. At the time of marriage the party seeking divorce did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of mental diseases or defect AND since the marriage ceremony, the party seeking divorce has not voluntarily cohabited with the other party during a period when the party seeking divorce possessed the mental capacity to recognize the marriage relationship;
  6. At the time of marriage, the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of mental disease or defect, at the time of the marriage, the person seeking a divorce neither knew nor reasonably should have known of the mental disease or defect, AND since the date the party seeking a divorce discovered or reasonably should have discovered the mental disease or defect, the party seeking divorce has not voluntarily cohabited with the other party;
  7. The other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony, at the time of the marriage ceremony the party seeking divorce did not know and a "reasonably prudent person" would not have known, of the divorce, AND since the party seeking divorce discovered or a "reasonably prudent person" would have discovered the fact of the divorce, the party seeking divorce has not voluntarily cohabited with the other party; OR
  8. The marriage ceremony took place within the 72-hour period immediately following the issuance of the marriage license (a claim which may not be made after the 30th day after the date of marriage).
Note a marriage subject to annulment may not be challenged in a proceeding instituted after the death of either party to the marriage.

If you believe one of the above-listed factors applies to your marriage, contact our office for an initial consultation today.

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