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Annulments: Contact a McKinney Family Lawyer Today
An annulment provides the opportunity to end your marriage without going through the process of getting divorced. An annulment is also different from a divorce in that, while a divorce terminates a marriage, an annulment makes it as though you were never married. Filing for an annulment is only an option under limited circumstances; but, if your marriage is eligible to be annulled, our attorneys can help you complete the process and move on with your life.
Grounds for Seeking an Annulment in Texas
Unlike a divorce, it is not possible to obtain an annulment based on “irreconcilable differences.” The Texas Family Code specifies the grounds for seeking an annulment; and, if none of these grounds are relevant to your personal circumstances, then your only option may be to file for a divorce. The grounds for seeking an annulment in Texas include:
- Underage marriage (there are different deadlines for minors under the age of 14 and those between the ages of 14 and 18);
- Being under the influence of alcohol or drugs at the time of marriage;
- Your spouse concealed that he or she obtained a divorce within 30 days prior to the marriage;
- You got married less than 72 hours after your marriage license was issued;
- Your spouse has been diagnosed with permanent impotency;
- You entered into your marriage under fraud, duress or threat of force;
- Your spouse has been deemed mentally incapacitated;
- You and your spouse are closely related (referred to as “consanguinity”); or,
- You or your spouse was already married at the time of your marriage ceremony.
In the case of consanguinity or the existence of a prior marriage, a marriage is considered void under Texas law. This means that the marriage is not – and will not be – legally recognized under any circumstances. However, it is still necessary to go through the annulment process and prove that your marriage is void (e.g., by producing your birth certificates or prior marriage certificate) in order to avoid any unnecessary complications.
All of the other grounds listed above make a marriage “voidable.” This means that the marriage is valid unless and until it is annulled (or the spouses get a divorce). When you file for an annulment, the judge can void your marriage immediately upon the presentation of sufficient evidence. Unlike a divorce, there is not a 60-day waiting period to get your marriage annulled.
An Experienced McKinney Family Lawyer for Annulments in North Texas
While the process of obtaining an annulment is generally faster and less cumbersome than filing for divorce, there are still rules that need to be followed, and you need to make sure you present sufficient evidence to end your marriage the first time around. At Nordhaus Walpole, PLLC, we are experienced in representing clients in annulments in North Texas. Our McKinney family lawyer can determine if you are eligible to file for an annulment; and, if so, we can represent you at every stage of the process.
Request a Free and Confidential Consultation
If you would like to speak with an attorney about filing for an annulment, we encourage you to contact our family law offices in McKinney, TX. To schedule a free and confidential consultation with one of our experienced attorneys, please call (214) 726-1450 or inquire online today.