Annulment Requirements in Texas

By Melissa Voelker

Getting a marriage in Texas annulled can be much less time consuming and expensive than getting a divorce. There are certain restrictions to getting an annulment, however. It is important to know and understand the different requirements, such as your age or mental capacity, before petitioning for the courts to dissolve your marriage.

Underage

Anyone under the age of 14 who has gotten married can receive an annulment, as that is less than the legal age for marriage in Texas. The petition for annulment needs to be brought before the courts within 90 days of the wedding or within 90 days of the teenager's 14th birthday. A teenager who is over the age of 14 but under the age of 18 can also receive an annulment if they did not have their parents consent at they time that they were married. The petition for annulment must be brought before the court before the teenager turns 18. At that time an annulment may not be possible, but instead a divorce will have to be sought to dissolve the marriage.

Under the Influence

If you get married while under the influence of drugs or alcohol or marry someone who is under the influence, you have grounds for annulment. However, you must petition the court as soon as possible. You cannot live with your spouse voluntarily for any length of time as your annulment may not be granted.

Impotency or Fraud

If you marry someone with the expectation that you will have a healthy sexual relationship with them, and it turns out they are completely impotent, you have grounds for an annulment. You must be able to prove that you had no knowledge of their impotence before marrying them, and you cannot live with them after you find out. Impotence can be considered a form of marriage fraud, where your partner misrepresented themselves in order to get you to marry them. This is another reason for annulment, but can be harder to prove then some other requirements for an annulment.

Duress or Force

If you are threatened into marrying someone, you have grounds for an annulment. But in order for the dissolution of your marriage to be granted, you cannot have lived with your spouse once you were able to escape his or her threats. Psychological problems can also lead to an annulment. If you got married without the mental capacity to realize what you were doing, you can petition for an annulment. As with duress, you cannot live with your spouse any longer once you have your mental faculties back in place.

Single State

In the state of Texas you cannot get married less than 72 hours from the time your wedding license was issued. If you do, you can get an annulment, though this has to be done within 30 days of the wedding. It is also illegal to get married within 30 days of a divorce decree. You can petition for an annulment if you find out your spouse has not been divorced for that length of time, but you have to be able to prove that you didn't know when their divorce was finalized and you cannot be living with them any longer. In this situation you have one year from the date of your wedding to petition for an annulment; after your first wedding anniversary it is not possible.