Annulment – Defined
If you want to end your marriage legally, most people are satisfied with getting a divorce. If, however, being divorced in the eyes of the law isn’t enough, and you want to go so far as to say your marriage never existed, that’s called an annulment.
An annulment is recognized as one of three ways (the other two are divorce and death) a marriage can end in Texas. Unlike a divorce, where you are still recognized as having been married previously, an annulment says you are “voiding” the marriage. There are a variety of reasons (grounds) why one or both spouses may choose to have their marriage annulled, including:
- The marriage was never valid (forced marriage, intoxication, one spouse was underage, incest)
- One spouse is already married to someone else
- One spouse committed fraud against the other
- Mental incapacity
- Permanent impotence (unable to have children)
To officially file for an annulment, you must complete a document called A Suit to Declare Void the Marriage and file it in the county where either you or your spouse live. Please be specific with any pertinent information the court will need to know, including if there are children involved and if any specific property needs to be divided by the court.
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Even if you think you have acceptable grounds for annulment, certain circumstances may prevent a court from granting it.
Therefore, it is always a good idea to talk to a lawyer about your situation. Give our knowledgeable staff here at Nelson Law Group, PC a call if you have any further questions regarding this – or any other – issue.
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