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What are the grounds for annulment in Texas?

On Behalf of | Jul 31, 2022 | Divorce

An annulment is a legal ruling that states that a marriage was never legally valid.

In Texas, the grounds for annulment include factors based on age, intoxication, impotence, duress and mental incapacity. Annulment is somewhat rare, and divorce is more common.

1. Underage marriage

Suppose a person under the age of 18 married without parental consent. In that case, the court can grant an annulment requested before the person turns 18. The court will also consider the welfare of the couple, including if one of them is pregnant.

2. Intoxication

Suppose a person was under the influence of alcohol or narcotics at the time of the marriage. In that case, they could not consent to the marriage. An annulment is possible if they have not lived with the spouse since recovering from their intoxicated state.

3. Impotence

If either person was permanently impotent and the other did not know of the impotence at the time of the marriage, an annulment is possible if they have not voluntarily lived together since learning of the impotence.

4. Duress

If one person used fraud, duress or force to trick or threaten another into marriage, annulment is possible. Similar to the conditions for intoxication and impotence, the petitioner must not have voluntarily lived with the other since learning of the fraud or escaping the threat.

5. Mental incapacity

The court will grant an annulment if a petitioner can show that one party to the marriage lacked the mental capacity to understand or consent to the marriage.

As the grounds above explain, annulments are for a few specific situations. Additional grounds for annulment include a hidden recent divorce or requesting the annulment within hours of obtaining the marriage license.

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