Can I get an annulment or an order declaring my marriage to be void?
Most people do not qualify for an annulment or order declaring their marriage is void.
A judge can annul your marriage only if:
- You were 16 or 17 years old when you got married and you were married without your parent’s consent or a court order. (Note: An annulment case in this situation must be filed by your parent or another designated adult before you turn 18.) or
- You were under the influence of alcoholic beverages or narcotics, and as a result did not have the capacity to consent to the marriage and you have not voluntarily lived with your spouse since the effects of the alcoholic beverages or narcotics ended. or
- Either you or your spouse, for physical or mental reasons, was impotent (unable to have sex). You did not know of the impotency at the time of the marriage and you have not voluntarily lived with your spouse since learning of the impotency. or
- Your spouse used fraud, duress, or force to make you get married and you have not voluntarily lived with your spouse since learning of the fraud or being released from the duress or force. or
- You did not possess the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect. Since the marriage ceremony, you have not voluntarily lived with the Respondent during a period that you possessed the mental capacity to recognize the marriage relationship. or
- Your spouse did not possess 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, you did not know of your spouse’s mental disease or defect and you have not voluntarily lived with your spouse since you discovered your spouse’s mental disease or defect. or
- Your spouse hid the fact that he or she got divorced from someone else during the 30 days before your marriage ceremony. At the time of the marriage ceremony you did not know about the divorce and you have not lived with your spouse since you found out about the divorce. It also must have been less than 1 year since you were married. or
- You were married less than 72 hours after the marriage license was issued. A judge did not sign an order waiving the 72 hour waiting period and none of the exceptions set out in Texas Family Code Section 2.204 (b) apply. (At the time of the marriage, you were not a member of the U.S. armed forces on active duty, you did not perform work for the U.S. Department of Defense as an employee or under a contract with the Department, and you did not seek a waiver based upon completion of a premarital course as set out in Section 2.204 (b) (4).) And, it has been less than 30 days since the marriage took place.
See Texas Family Code, Chapter 6, Subchapter B.
A judge can declare your marriage void only if:
- Either you or your spouse was married to someone else at the time of your marriage. or
- You and your spouse are close relatives. or
- Either you or your spouse was under 16 when you got married (unless a court order allowed you to marry). or
- You are married to your step-parent or step-child.
See Texas Family Code, Chapter 6, Subchapter C.
Talk to a lawyer if you have questions about annulment or void marriage.