Legal Question in Family Law in Texas

Re: Texas Law on Annullment of Marriage

If there has been a divorce, then there is no marriage to dissolve. Perhaps your client would now have preferred an annulment to a divorce, but it is likely to be too late for that.

If there had been no divorce, then I still do not see grounds for an annulment. Mental illness is only a groung for the party WANTING the divorce, and even then you would need to prove that the illnes caused the person not to have the mental capacity to consent to the marriage or to understand the marriage ceremony.

Adultery is not a ground for an annulment (it IS for divorce).

If the fact of the mental illness was hidden from your client and he or she was fraudulently induced to enter into the marriage, then that can be grounds for an annulment but only if the person seeking the annulment has not voluntarily cohabited with the spouse since learning of the fraud.

Again, if they were actually divorced, none of this is pertinent, but if that were the case, I don't think that you would have asked the question the way that you did. Please email me with more facts if that would help. If you are an attorney, the above can be found in Subchapter B of Chapter 6, Texas Family Code.

Re: Texas Law on Annullment of Marriage

since the marriage has already been disolved through divorce, and by what you say in your facts, there does not appear to be any grounds for an annulment.

Re: Texas Law on Annullment of Marriage

Texas allows annullment if the marriage was entered into based upon fraud, duress andor untrue representations, and the marriage has not been consummated.