Imagine that you just found out that your spouse is currently married to someone else, or that your spouse has committed serious fraud, which you are a victim of – you might qualify for an annulment. There are multiple grounds for divorce which is discussed HERE. You will need Denton County attorneys to assist you. An annulment by the Court, rules that you never were married in the first place. Essentially, the Court would rule that your marriage never existed by operation of law (e.g. your marriage was void or voidable). A divorce on the other hand, acknowledges that you were married, but it dissolves or ends the marriage.
Because an annulment allows you to claim that you legally were never married before, it requires specific grounds in order for the Court to grant an annulment in Collin, Dallas, Tarrant, Denton, Wise, and all Texas Counties. Here are the grounds for annulment in Denton, Collin, Tarrant, Wise, and all Texas Counties:
1. Under-age of 18. The Denton and Collin County (as well as all others) Courts may grant an annulment of a marriage for anyone 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order allowing the marriage. Texas Family Code § 6.102;
2. Under the influence of alcohol or narcotics. Denton and Collin County (as well as all others) Courts can grant an annulment if: (i) at the time of the marriage you were under the influence of alcohol or narcotics (drugs) and that influenced your ability to think clearly and give consent to the marriage; and (ii) you have not voluntarily cohabitated (living together and having a sexual relationship). Texas Family Code § 6.105;
3. Impotency. Denton and Collin County (as well as all others) Courts may grant an annulment if: (i) either you or your spouse, for physical or mental reasons, was permanently impotent (unable to sexually consummate the relationship); (ii) you did not know of the impotency at the time you got married; and (iii) you have not voluntarily cohabitated since learning of the impotency. Texas Family Code § 6.102;
4. Fraud, Duress, or Force. Denton and Collin County (as well as all others) Courts may grant an annulment if: (i) your spouse used fraud, duress, or force to get you to say “yes” to marrying them; (ii) you have not voluntarily cohabitated with your spouse since learning of the fraud or since being released from the duress or force. Texas Family Code § 6.107.
5. Mental Incapacity. Denton and Collin County Courts (as well as others) may grant an annulment if: (i) you didn’t have the mental capacity to consent to marriage; (ii) you have not voluntarily cohabitated with your spouse when (or if) you were no longer incapacitated; or (iii) if you didn’t know and didn’t have reason to know that your spouse was mentally unfit to say “yes.” Texas Family Code § 6.108.
6. Concealed Divorce. The Denton or Collin County Courts (as well as others) may grant an annulment if: (i) your spouse was divorced from a third party within 30 days right before your marriage ceremony; (ii) that neither you nor a reasonable prudent person would have discovered that your spouse was recently divorced; and (iii) since you learned of the prior divorce, you have not voluntarily cohabitated with your spouse. Texas Family Code § 6.109.
7. Marriage Less Than 72 Hours After Issuance of Marriage License. The Denton or Collin County Courts (as well as others) may grant an annulment if: (i) during 72 hours after the marriage license has been issued. Note, that an annulment for this cannot be brought after 30th day of marriage.
If you qualify for an annulment, the Court will change your name back (if the marriage changed your name), and you will also be allowed to have the Court declare that no marital property and/or debts exist. Instead, the Court will allow your property to be declared as separate property (not marital property).
If you think you qualify for an annulment, please contact Kelley Clarke, PLLC. We can help you with your annulment whether it is in Denton, Collin, Dallas, Tarrant, Wise, or other Texas Counties. We can handle a wide variety of family law issues, from advising you on how to travel with children after divorce, to modifying an existing mediated settlement agreement (MSA).