Annulment

People generally view marriages as lifetime commitments. In some instances, though, a person will realize shortly after the wedding that getting married was a mistake and will seek to undo the error. While divorce is an appropriate means for ending a marriage for many people, some people who no longer wish to be married are eligible for annulments. Annulments are only available in limited circumstances, though, and it is smart for anyone interested in an annulment to speak to an attorney as soon as possible. The seasoned Dallas family law attorneys of McClure Law Group are proficient at helping people end their marriages, and if you engage our services, we will aid you in pursuing an efficient and discrete annulment or dissolution.

The Texas Family Code provides that if a person who is over the age of sixteen but under the age of eighteen marries without parental consent, a parent, guardian, or managing conservator of the person, or a “next friend,” which is the term used for an adult who can act on behalf of a minor in certain circumstances, can file a suit for annulment on behalf of the person. The suit must be filed within ninety days of the marriage and cannot be filed after the person turns eighteen. Courts have the discretion to grant annulments of underage marriages after considering the welfare of the married parties, which may include whether a pregnancy is involved, without the input of a jury.

Annulments may also be granted under other circumstances. For example, an annulment can be granted if a marriage took place in the 72-hour period immediately after the marriage license was issued, if the suit is filed within thirty days of the marriage. Annulments may also be granted in cases in which one party concealed a divorce. In other words, if a spouse was divorced within thirty days before the marriage, and the person seeking the annulment was unaware of the divorce and would not have entered into the marriage if he or she had known about it. Annulments for concealed divorces are only available if the petitioner has not lived with his or her spouse, and the annulment suit is filed before the first anniversary of the marriage.

The courts may also grant an annulment if the party seeking an annulment entered into the marriage without informed consent. For example, the court may annul a marriage if the petitioner was under the influence of narcotics or alcohol at the time of the marriage and therefore lacked the capacity to consent to the marriage, and the petitioner has not voluntarily lived with his or her spouse since the effects of the drugs or alcohol wore off. Similarly, if the petitioner was induced into the marriage by his or her spouse’s use of force, fraud, or duress, and the petitioner has not lived with the other spouse since being released from the force or duress, the court may grant a request for an annulment. Finally, a marriage may be annulled if one of the parties lacked the mental capacity to enter into a marriage due to a mental disability.

Permanent impotency can be grounds for an annulment as well if it existed at the time of the marriage unbeknownst to the petitioner, and the couple stopped living together after the petitioner learned of the impotence. Notably, impotence may arise from physical or mental causes.

Annulments essentially allow people to legally void their marriages, but they are reserved for limited scenarios. If you are interested in obtaining an annulment or were served with papers instituting an annulment proceeding by your spouse, it is in your best interest to discuss your rights with an attorney. At McClure Law Group, our knowledgeable Dallas lawyers are skilled at handling both annulments and divorces, and if we represent you, we will work tirelessly to help you seek a favorable outcome. We regularly represent people in annulment matters in Dallas, Frisco, Fort Worth, Irving, McKinney, Richardson, Rockwall, and Garland. We also aid people with annulments in cities in Dallas, Rockwall, Collin, Denton, Tarrant, and Grayson Counties. You can contact us via our form online or by calling 214.692.8200 to schedule a consultation.