Monday, February 9, 2015

Annulment of an Underage Marriage in Texas

Annulment in Texas is very specific.  According to the Texas law, certain requirements must be met in order for the case to qualify as an annulment.

A marriage to a person younger than 16 years of age is void unless a court order allowed the marriage. A suit may be brought to declare this marriage void.

Regarding persons between 16 and 18 years of age, a parent or guardian is authorized to bring a lawsuit to annul a marriage.  The suit for annulment must be brought within 90 days of their marriage day and before the person turns 18.

In deciding whether or not to grant the annulment a judge will look at the best interests of the parties as well as considering whether or not a child is expected.

The judge will also look at all the facts of the case.  Lack of parental consent is a requirement.

If there were any threats or duress involved in getting the minor to agree to marriage that is also a relevant fact to be brought before the court. In some cases a parent or  guardian may need to proceed very quickly, if health and safety of the minor is an issue.

It is important to consider all of the consequences of requesting an annulment including how the family will be affected and what it will do to the relationships between the people who are involved for the future.

Annulment is generally quicker than divorce.  Once the annulment is granted  it is as if the marriage never happened.  The person is considered single, not divorced.  This may be an important distinction in certain religious communities.

If you believe that you or a loved one may qualify for an annulment, contact a family law attorney for a consultation.

Kalish Law Office - Family Law - The Woodlands, Texas 

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