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Does your marriage qualify for annulment?

Marriages can end several ways, and not only through death or divorce. In some cases, it is possible and advantageous to have a marriage annulled instead of going through the divorce process. If annulled, a marriage is literally removed from legal history, completely canceling the marriage and legal effects of the marriage. However, this is only possible in a few specific circumstances.

In order for a court to approve annulment, at least one spouse must present proof that the marriage itself was faulty, legally inappropriate or unconsummated. For instance, courts may agree to annul marriages where one or both spouses were not capable of understanding the seriousness of the act, or entered into the marriage under unreasonable circumstances. These may include marriages entered into:

  • By mentally ill or mentally handicapped individuals
  • Spouse(s) suffering from temporary insanity
  • While one or both parties are intoxicated
  • Under duress
  • That are based on fraudulent misrepresentation by one or both spouses
  • By one or more minor without proper parental consent
  • When one or both spouses are already legally married to someone else

In addition, courts may annul a marriage if one or both partners suffer from impotence and cannot physically consummate the marriage.

If you believe that you may have grounds for an annulment of your marriage, be sure to consult with an experienced Austin family law attorney to understand your options and create a strong strategy that achieves your legal goals and protects your rights. Professional legal counsel allows you to explore your legal options confidently, guiding you through this difficult season and into the next.

Source: Findlaw, "Annulments - Overview," accessed Dec. 29, 2017

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