Legal Question in Family Law in Texas

Can I get an annulment first, then deal with the bigamy felony?


Asked on 6/30/10, 6:01 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes, if you in fact have grounds for annulment.

In order to get an annulment in Texas, your situation has to fit into one of the patterns specified in the Texas Family Code (sections 6.102 et seq.). The basic grounds for annulment (or for declaring a marriage void) are

1. one of the parties to the marriage was underage (and is not yet an adult).

2. one of the parties was so drunk (or was under the influence of drugs) that he didn't have the capacity to consent to the marriage.

3. one of the parties is physically (or mentally) unable to have sex.

4. someone used fraud, duress, or force to induce one of the parties to enter the marriage relationship.

5. one of the parties is mentally incompetent.

6. one of the parties had gotten a divorce from someone else less than 30 days prior to the marriage.

7. the parties married less than 72 hours after the license was issued (a suit for annulment under these grounds must be filed within 30 days after the marriage is entered into).

8 the parties are blood relatives (that is, you married your sister or your mother), or you married your stepdaughter.

9. one of the parties was still married to someone else.

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Answered on 6/30/10, 9:06 am
Bob Leonard Bob Leonard Law Group, PLLC

Mr. Dunn is correct, but please note that for most of those grounds for annulment, you must cease living with the other person once you discover the problem. If you continue to live together, then you may not get an annulment.

Once correction, however. It sounds by your question as if the other party was still married. if that is the case, then rather than an annulment, you need to have the marriage declared void. Being related and being married are not grounds for an annulment.

You should contact an attorney immediately to see where you are in this.

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Answered on 6/30/10, 9:48 am


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