Tuesday, January 31, 2012

Grounds for Annulment in Texas: Marriage of Person Under Age 18

A marriage may be annulled if one of the parties to the marriage is 16-17 years of age and did not obtain prior parental consent or a court order. (If one person is younger than 16 the marriage is void). A petition for annulment may be filed by a parent or guardian on the minor’s behalf, but must be filed before the minor’s 18th birthday. In determining whether to annul the marriage, the court will consider facts concerning the welfare of the parties and whether the wife is pregnant.

References: Texas Family Code 6.102 – 6.104, 6.205

Article by Sarah F. Berry, Attorney

Wednesday, January 18, 2012

Grounds for Annulment in Texas

Generally, under Texas law, a marriage can be annulled if, at the time of the marriage:

1. Marriage of Person Under Age 18: one party was under the age of 18 years old

2. Under Influence of Alcohol or Narcotics: the person seeking the annulment was under the influence of alcohol or narcotics

3. Impotency: one of the married persons is permanently impotent

4. Fraud, Duress or Force: the person seeking the annulment entered the marriage under fraud, duress, or force

5. Mental Incapacity: one of the married persons did not have the mental capacity to consent to marriage or understand the nature of the marriage ceremony

6. Concealed Divorce: the person seeking the annulment discovers the other person concealed they were divorced within 30 days before the marriage

7. Marriage Less than 72 Hours after Issuance of License: the marriage took place less than 72 hours after the license was issued


The articles following later this month will discuss in detail the grounds for an annulment in Texas.


References: Texas Family Code 6.101 – 6.206

Article by Sarah F. Berry, Attorney