Annulment may result in ending a marriage is completely different from a divorce. A husband and wife decide to end a marriage and file for a divorce; however, only a small number of spouses can qualify for annulment.

Voidable and Void marriages are the only kinds of unions that may qualify for an annulment. If you and your spouse’s marriage cannot meet the statutory definition of these kinds of marriages, you must file for a regular divorce.

Voidable Marriage:

A marriage may be voidable if it was forced (by pressure from the other spouse, relatives, etc.), or by some act of deception (i.e., duping or misleading the other spouse into a marriage agreement). The following circumstances, which are not all inclusive, can give rise to a voidable marriage:

  • Influence of alcohol/drugs: If you were married under the influence of any drugs/alcohol and were not able to understand you were getting married, and that after you regained your understanding and file for an annulment as soon as you discover it. If, however, you willingly spend time (co-habitating, etc.) you will be ineligible for an annulment.
  • Age: Marriages, which occurred when a spouse was under 18 years of age, and without the consent of a court and parents, then you may be eligible for an annulment if a court filing is made before you turn 18.
  • Concealed divorce: A marriage that occurred before a previous divorce was finalized, without your knowledge, is eligible for annulment.

Void Marriage:

A void marriage occurs where a Texas law was not followed. Getting annulments in these kinds of cases is much simpler than voidable marriages.

  • Marriage to the spouse of another person: If you get married to someone who is still married to another person, your marriage may be a void marriage. In other words, if your spouse did not get divorced and if you were not aware of it at the time of marriage, you may be eligible to get an annulment.
  • Marriages between relatives: Marriages that occur between very close relatives are generally against public policy and may be determined to be void marriages.

If your marriage falls under any of these criteria you may be able to obtain an annulment in Texas, which is much easier and faster than a regular divorce. Call Ashmore & Ashmore to set up a private consultation.