Marriage is widely regarded as a lifelong commitment; however, some individuals may come to the realization soon after tying the knot that they have made a mistake and may seek to nullify the marriage. While divorce is the typical way of ending a marriage, some individuals may be eligible for an annulment. However, annulments are only granted in specific situations, and seeking legal counsel promptly is advisable for anyone contemplating an annulment.
Under the Texas Family Code, individuals aged sixteen to eighteen who get married without parental approval may have a suit for annulment filed on their behalf by a parent, guardian, managing conservator, or "next friend," an adult who can act for a minor in certain circumstances. The suit must be filed within ninety days of the marriage and cannot be submitted after the individual turns eighteen. The court may grant annulments for underage marriages at its discretion after considering the welfare of the married individuals, which may include factors like pregnancy, without involving a jury.
Annulments may also be granted under a variety of other circumstances. For instance, an annulment may be granted if a marriage occurred within 72 hours of obtaining a marriage license, provided that the suit is filed within 30 days of the wedding. An annulment may also be granted if one party hid a divorce, meaning that the petitioner was unaware of the divorce and would not have entered into the marriage had they known. Such annulments are only available if the petitioner has not lived with the spouse and the suit is filed before the first anniversary of the marriage.
Furthermore, courts may grant an annulment if an individual entered into a marriage without informed consent, such as if they were under the influence of drugs or alcohol at the time of the marriage or were induced to marry through fraud, duress, or force. An annulment may also be granted if one party lacked the mental capacity to enter into the marriage due to a mental disability. Additionally, permanent impotence may serve as grounds for an annulment if it existed at the time of the marriage unbeknownst to the petitioner, and the couple stopped cohabitating after the petitioner learned of the impotence. It is worth noting that impotence may result from physical or psychological causes.
Annulments are a legal means to declare marriages null and void, but they are applicable only in specific situations. The attorneys at Wilson Whitaker Rynell have the skills and the considerable experience to handle annulments and divorces. Our firm has experience representing clients in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
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