Annulment is not an alternative to divorce. An annulment is actually a legal process that retroactively declares a marriage null and void. When a person annuls his or her marriage, he or she is allowed to legally claim that he or she was never married. Texas has several grounds for the annulment of a marriage, but many of these grounds also involve other requirements, including if the parties were under 18 at the time of the marriage.
If you want to try to annul your marriage in Texas County, it is in your best interest to make sure that you have legal representation. Our divorce lawyers in DFW Metroplex are committed to helping you achieve the most desirable possible resolution to your case. You can have our attorneys provide a complete evaluation of your case when you call 214-631-4646 to schedule a confidential consultation.
GROUNDS FOR ANNULMENT IN TEXAS
We have all heard of shotgun weddings or people drunkenly getting married at a drive-through chapel in Las Vegas only to realize their mistake the next day. An annulment is essentially a legal declaration that there was never a valid marriage in the first place. Inebriated mistakes are not the only grounds for an annulment. In Texas, the following are acceptable grounds for annulment under the Texas Family Code:
ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18
Applies to marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order. A petition under this section can be filed by a next friend for the benefit of the underage party (within 90 days after the date of the marriage), a parent, or the judicially designated managing conservator or guardian of the person of the underage party, whether an individual, authorized agency, or court.
UNDER INFLUENCE OF ALCOHOL OR NARCOTICS
Applies to marriage if at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage, and the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended.
IMPOTENCY
Applies to marriage if either party, for physical or mental reasons, was permanently impotent at the time of the marriage, the petitioner did not know of the impotency at the time of the marriage, and the petitioner has not voluntarily cohabited with the other party since learning of the impotency.
FRAUD, DURESS, OR FORCE
Applies to marriage if the other party used fraud, duress, or force to induce the petitioner to enter into the marriage and the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.
MENTAL INCAPACITY
Applies to marriage on the suit of the party or the party’s guardian or next friend, if the court finds it to be in the party’s best interest to be represented by a guardian or next friend, if at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect, and since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship. The court may grant an annulment of a marriage to a party to the marriage if:
at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect; and since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.
CONCEALED DIVORCE
Applies to marriage if the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony; at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce; and since the petitioner discovered or a reasonably prudent person would have discovered the fact of the divorce, the petitioner has not voluntarily cohabited with the other party. A suit may not be brought under this section after the first anniversary of the date of the marriage.
MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF LICENSE
Applies to marriage if the marriage ceremony took place during the 72-hour period immediately following the issuance of the marriage license, but a suit may not be brought under this section after the 30th day after the date of the marriage.
Additional reasons a marriage may be declared void under Texas law include:
Consanguinity – Consanguinity means blood relations and is commonly referred to as incest. This would annul marriage between parents and their children, siblings, and aunts and uncles marrying their nieces or nephews.
Marriage During Existence of Prior Marriage
Marriage to Minor
Marriage to Stepchild or Stepparent
ANNULMENT PROCESS IN TEXAS
After a person determines his or her legal grounds for seeking an annulment, he or she will need to complete an Original Petition to Annul Marriage. One of the parties needs to reside in Texas or the couple must have married in Texas in order for the marriage to be annulled in Texas.
When a person files a petition to annul a marriage, the spouse will be served with the initial papers. The spouse will have 20 days to file an answer.
If a spouse does not file an answer before the deadline, the petitioner can move to finish the case by default. A case cannot be finished by default when a spouse does file an answer.
The spouse will need to agree to sign a Decree of Annulment, and the process may become contested if the spouse refuses to sign. In an annulment lawsuit in Texas, the spouses involved can decide whether they want their case heard by a jury. The burden of proof in an annulment case is a preponderance of the evidence, meaning the greater weight of the evidence—a lower standard than the beyond a reasonable doubt standard used in criminal cases.
Arrears
Dealing with child support arrears is a critical and often challenging aspect of family law. Child support arrears occur when a parent falls behind on their court-ordered child support payments. This situation can have significant legal and financial implications for both the paying parent (obligor) and the parent receiving support (obligee). Understanding your rights and responsibilities regarding child support arrears is essential, as the consequences of unpaid child support can be severe, including wage garnishment, tax refund interception, and even legal action.
At Law Office of John Nwosu, our experienced family law attorneys are adept at navigating the complexities of child support arrears. We provide legal assistance to both obligors seeking to manage or dispute arrears and obligees aiming to enforce child support orders and collect unpaid support. Law Office of John Nwosu can assist you with:
- Understanding the legal implications of child support arrears
- Negotiating repayment plans for arrears
- Representing clients in court for matters related to arrears
- Advising on potential avenues for reducing or contesting arrears
- Assisting with the enforcement of child support orders
Resolving Child Support Arrears
Resolving child support arrears is crucial for both the financial well-being of the children involved and the legal compliance of the parents. Key considerations include:
- The total amount of arrears owed and the duration of non-payment
- Potential legal consequences for the non-paying parent
- Options for modifying child support orders in cases of financial hardship
- Enforcement actions by the state, such as wage garnishment or property liens
Our team at Law Office of John Nwosu understands the sensitive nature of child support issues. We are committed to providing compassionate, comprehensive legal services to help you effectively manage and resolve child support arrears.
For an initial consultation to discuss your child support arrears and family law needs, please select from one of the contact options below.