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In certain situations, you can qualify to have a marriage annulled rather than seeking a traditional divorce. An annulment is often less expensive and time-consuming than going through a divorce. It renders the parties as if they had never been married in the first place. In other words, there is no community property to divide in an annulment.

If you are considering an annulment, you need an experienced family law and divorce attorney from Sralla Family Law PLLC. Since 2006, we have helped people in San Antonio and the surrounding area annul their marriage cost-effectively.

Can I Get An Annulment?

It is important to know and understand the different requirements for petitioning the Court for an annulment. The following are generally the grounds for an annulment in Texas:

  • Being underage: The minimum legal age for getting lawfully married in Texas is 14. Anyone under the age of 14 who has gotten married can get an annulment. The petition for annulment must be filed within 90 days of the wedding day or within 90 days of the teenager’s 14th birthday. Also, a teenager who is between the ages of 14 and 18 can have a marriage annulled if the teen’s parents did not consent at the time of the marriage. Such a petition must be brought before the teen turns 18. After that point, the marriage becomes validated and the parties must seek a traditional divorce.
  • Being under the influence of alcohol or drugs: Anyone getting married while under the influence of alcohol or drugs or while that spouse is under the influence qualifies for an annulment. A party seeking to annul a marriage on this ground must petition the court as soon as possible. Voluntarily living with the spouse after the marriage will likely validate the marriage and leave traditional divorce as the only remedy for dissolution.
  • Being impotent: If a marriage partner is impotent, the other partner has grounds for an annulment. The party seeking annulment under these circumstances must prove that they did not know of the impotence before the marriage. They also must not live with the impotent spouse after finding out about the impotence factor.
  • Being under fraud, duress or force: Anyone who is threatened or forced into getting married has grounds for an annulment. The party who is being threatened must immediately cease living with the abusive spouse once they are able to escape. Psychological issues can also form the basis for an annulment. A party who gets married without the mental capacity to understand what he or she was doing can petition the court for an annulment, provided that he or she ceased living with the other spouse.
  • Having an invalid marriage license: To get lawfully married in Texas, you must wait at least 72 hours from the issuance of a marriage license before partaking in a marriage ceremony. Any marriage that occurs within 72 hours of the issuance of a marriage license is subject to annulment.
  • Having a recent divorce: In Texas, it is illegal to marry someone with 30 days of getting a divorce. If a party finds out their spouse was too recently divorced, they can seek an annulment provided that the party can prove he or she did not know when their spouse’s divorce was finalized and that he party no longer lives with the too-recently divorced spouse. The Family Code allows the party to petition for annulment under this ground up until the first anniversary of the marriage.
  • Getting married during the existence of a prior marriage: Marriage in Texas is void if entered while either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse. However, the later marriage becomes validated when the prior marriage is dissolved if, after the date of the dissolution, the parties continue to live together as husband and wife and represent themselves to others as being married.

If you are wondering whether you qualify for an annulment, please speak with one of our Texas divorce lawyers. We will go over your situation in a consultation so we can give you an idea of what to expect.

Schedule Your Consultation About Texas Annulment

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Please call 210-600-9565 to speak with Kevin Sralla, a San Antonio family lawyer. You can also send us an email to set up your appointment.