Annulment and divorce in Texas, though both result in ending your married life, but they are two completely different terms are legally processed in two different ways. All married couples who have decided to end their married lives can apply for divorce, but all married people having come to a conclusion of discontinuing their married life cannot apply for annulments in Texas. The reason is that many of the couples decide that their marriage is not acceptable because of many controversies occurring between the spouses, and directly come and file an annulment, which ultimately gets rejected following which they file a divorce to discontinue with their married life. There are many criteria based on which you can get an annulment in Texas.
The two major classifications under which you can get an annulment in Texas are:
- Voidable marriage
- Void marriage
What is a voidable marriage?
A marriage is said to be voidable, if it happened by forceful attempts of the spouse or their relatives, or by cheating the other spouse. This can be better explained if you marriage took place in any of the following circumstances.
- Alcohol or drug influence – If you were under the influence of any type of drugs or alcohol and was not in your conscious to understand that you were getting married to someone. After gaining your conscious, if you find that you are married, then you can get an annulment if you file for it as soon as you discover it. However, if you willingly spend some time with your spouse and then opt for it, then you will be denied from getting it, as you voluntarily have relationship with your spouse after gaining conscious.
- Age – If you were married below 18 years of age and the marriage took place without the consent of the court and the parents, then you can get an annulment but it is essential that you file it before you complete 18 years.
- Mentally Unprepared – If you were not mentally prepared for marriage and did not actually know that you were getting married, it can be considered as a voidable marriage. This mentally unprepared state occurs when the person suffers from some mental disorder or illness at the time of marriage. If you have stopped living with your spouse after getting recovered from your mental disability, your marriage can be declared as a voidable marriage.It can also be the other way round. If your spouse suffered from this mental disability and if you were not aware about it at the time of marriage, however you stopped living with your spouse as soon as you found this out, then you can also get an annulment.
- Forceful marriage – A marriage is said to be forceful, if you married a person because the person has blackmailed you through numerous ways.
- Concealed divorce – A divorced person can marry some other person after they have obtained divorce from their ex-spouse and have completed 30 days. If a person gets married to you after getting divorce from their ex-wife or ex-husband but has not completed 30 days and if you were not aware about it, then you can file an annulment in Texas.
- Impotency – If you were not aware that your partner was permanently impotent, and if you stopped cohabiting as soon as you became aware about it then it is a voidable marriage.
- Marriage within 72 hours after the issuance of the license – In Texas, it is mandatory to wait for 72 hours after getting their marriage license and then marry after completion of 72 hours. If you come to know that 72 hours was not completed and your spouse did marry you in spite of knowing the fact then your marriage will be termed as a voidable marriage.
What is a void marriage?
A marriage is said to be void, if the marriage laws for Texas was not followed. Under such circumstances, the court does not accept such marriages to be legal and denies accepting their married life. In such cases, getting annulments is very simple. Marriages can be determined as void, if it falls in any of the following criteria.
- Marrying to someone else’s spouse – If you are married to someone else’s spouse, your marriage will be a void marriage. In other words, if the person to whom you have got married has not obtained divorce from his or her spouse and if you were not aware about it at the time of marriage, then you can get an annulment.However, in such cases, the Texas laws state that if your spouse has obtained divorce from their ex-spouse after getting married to you then you can become the legal spouse of your partner.
- Marriages between close relatives – Sometimes, it happens that marriages take place between very close relatives. Such type of marriages can be determined to be void marriages.
If your marriage falls under any of these criteria and if you successfully prove your marriage to be void or voidable, then you can easily obtain an annulment in Texas. When compared with divorce, getting an annulment is an easy procedure and requires less span of time, provided you prove it with the help of any witness or documented proof.