Legal Question in Family Law in Texas

Re: Anullment

Sometimes people seek an annulment from their church, which has nothing to do with the Texas laws of marriage. An annulment is a very limited remedy, not available simply because the marriage was a short one. Legal reasons to support an annulment include material fraud, duress or force that induced the marriage, marriages performed under the influence of significant intoxication or mental impairment, one party suffering from impotency, under the legal age, or concealment of a recent divorce, or the marriage was performed within 72 hours of the issuance of the marriage license. In some of these situations, it is required that the parties did not live together even one night once the reason for the annulment was discovered. If you don't fit into one of the statutory categories for annulment or you waived the annulment by continuing to co-habitate, then the remedy for you is a divorce. The cost for an annulment is about the same as for a divorce. Either way, you need a court order.

Re: Anullment

In Texas, annulment is only available for certain underage marriages; marriages performed under the influence of drugs or alchohol; if one party was impotent or mentally incompetent or concealed a recent divorce at the time of the marriage; if there was fraud, duress, or force that induced the marriage; or if the marriage was performed within 72 hours of the issuance of the license. There are certain limitations and conditions on all of these, so you need to see an attorney as soon as possible. In some cases, the parties must not live together even one night after learning of the facts allowing the annulment.

A marriage that is subject to an annulment is still a valid marriage until it is voided. Once voided, it is as if it never took place. If not voided in time, it is valid.

Some marriages are simply void from thier inception (not just voidable). These are marriages to certain relatives and marriages during a prior marriage.

Re: Anullment

Annulment is a judicial voiding of the marital relationship and is granted only to recind a contract of marriage entered into as a result of a material fraud going to the essence of the marital relationship.

Annulment is not a "catch-all" remedy for short marriages that end in fights, even hatred. Thus your question failed to provide enough information to reach a conclusion as to the appropriateness of divorce vs. annulment.