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04/15/2009 10:03 AM

Annulment may be an option for ending marriage

By: News 8 Austin Staff

It’s not a pleasant subject, but divorce is common across America.

An annulment is a term many people have heard but might not know exactly what it means.

There are various ways Texas law will recognize ending a marriage. These include divorce, voiding marriage and annulment.

Voiding a marriage is a drastic step in which the government steps in and says it does not recognize a marriage. There are two areas in which a voided marriage may arise – either when blood relatives marry or when someone takes on more than one spouse.

Annulment is an option to terminate a marriage that takes it back as if the marriage never existed to begin with.

The Texas Family Code sets out different grounds for annulment. An annulment could potentially be recognized:

• If you were married under the influence of drugs or alcohol
• If one of the two spouses knew before the marriage he/she was impotent and didn’t share that fact with the spouse
• If fraudulent or misrepresentations were made and identified
• If one of the parties did not have the requisite mental capacity to agree to the marriage
• If one of the parties had a concealed divorce within the last 30 days

There are other grounds for annulment including being underage. Check out the Texas Family Code Web site for more information.

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If you’re in a spot where you’re unsure if annulment is a proper option, there are two main categories in which annulment comes up, including a rush to the altar or the withholding of facts such as an undisclosed drug or alcohol dependency.

If you’re interested in seeking an annulment but you continue to cohabitate for an extended period of time, this will push you out of the possibility of an annulment and push you toward the divorce category.

The idea behind an annulment is that you learned something about your spouse or something happened that you didn’t know about before. If you know about it and you continue to live with that person, you’re going to be in the divorce category.

Disclaimer
The material provided in The Common Law is for general informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult an attorney directly.