Sometimes people call my office asking about an annulment. They have been married only for a couple of weeks and have realized they made a mistake and wonder if an annulment would be possible.
An annulment in Texas is limited only to those circumstances where there was a legal barrier to a valid marriage. Some examples of when an annulment might apply are where one spouse was underage, there was fraud, duress, of force, a party was under the influence of drugs or alcohol, or mentally incapacitated. All of these reasons include the requirement that the party could not rationally make the legal decision to marry.
Texas annulments also require that once a basis for annulment is discovered that the parties did not voluntary cohabitate. So an annulment may not be available to a person who entered into the marriage under the influence of drugs but once sober continued to live with the other person as a spouse.
If an annulment is granted, then the marriage is considered to never have happened. But if the annulment is not granted then the marriage is considered valid and will continue in effect until a divorce is granted. Annulments used to be more common but today they tend to be rare. It is generally easier to get a divorce then to obtain an annulment.
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