In the episode following the famous Friends episode in which Ross and Rachel get married, Ross says that he does not want to be “the guy with three divorces.” Instead, he and Rachel seek an annulment. After the judge hears their case, however, he denies them an annulment and tells them that their only option for separation is divorce.
Generally speaking, an annulment will only be granted under specific circumstances. Those circumstances vary from state to state, and while one reason for an annulment may be acceptable in, say, California, it may not be acceptable in Texas. If you and your spouse want to pursue an annulment in Dallas rather than a full-blown divorce, it may be in your best interest to consult with a Dallas family law attorney before taking any further legal steps. An experienced lawyer can evaluate the circumstances of your marriage and impending separation and help you determine whether or not an annulment is in the cards for you.
General Grounds for Annulment
Generally speaking, an annulment may be granted if the following circumstances apply:
- You or your spouse was married to someone else when you got married;
- Your marriage is incestuous;
- You or your spouse was of unsound mind when you got married;
- Your marriage consent was obtained by fraud;
- Your spouse is impotent; or
- You or your spouse was underage when you got married.
Additionally, if your marriage was very short – like, just a few weeks – you may be eligible for an annulment. Additionally, if your marriage was obtained by fraud and you just learned of it, the timeframe in which you may obtain an annulment will depend on when you discovered that fraud, and not when you got married.
Grounds for Annulment in Texas
In Texas, grounds for annulment are separated into two categories:
- Void Annulment Grounds
- Voidable Annulment Grounds
Void annulment grounds are if you are married to a blood relative (father, mother, brother, aunt, etc.). Another grounds for void annulment are if you or your spouse was married to someone else at the time of your own union.
Voidable annulment grounds apply when one of the following apply to your union:
- You or your spouse was under the age of 14 when you got married;
- You or your spouse was under the age of 18 when you got married;
- You or your spouse was under the influence of drugs or alcohol when you got married;
- You or your spouse are impotent; or
- Your or your spouse suffers from a mental incapacity.
Consult a Dallas Annulment Attorney
If you and your spouse are interested in getting an annulment, it would be wise to first consult with a Dallas annulment attorney. It would not be cost effective to begin the annulment process only to find out half way through it that you do not qualify. To consult with one of our attorneys today, call the Law Offices of Udeshi Clark and Associates at (469) 914-5564, or schedule your consultation online.