Annulment Lawyer Arlington, Texas
Divorce isn’t the only way to end a marriage. Couples who no longer wish to be married anymore may be able to get their marriage annulled. An annulment terminates a marriage, but also states that it never happened in the first place. In order to get an annulment approved, you have to prove that your marriage is voidable with the help of an annulment lawyer in Arlington, Texas at Brandy Austin Law Firm, PLLC.
Eligibility for Annulment
As an annulment lawyer in Arlington, Texas can confirm, getting an annulment isn’t as simple and straightforward as getting a divorce. In order for a judge to grant annulment, you must meet at least one of the following requirements.
-Force or Coercion: One or both of the spouses were coerced into getting married by force or threat of force.
-Fraud: One spouse makes false statements before getting married, such as a physical impairment, children from a previous marriage or legal problems.
-Unsound Mind: One or both spouses can’t make a clear decision to marry due to mental impairment or the influence of drugs or alcohol.
-Age: One spouse was underage at the time of the marriage.
Benefits of Annulment
The biggest benefit of annulment is that the court treats it like the marriage never existed. As an annulment lawyer in Arlington, Texas can attest, the court won’t divide property during an annulment proceeding or require one party to support the other financially.
When you get an annulment, you also don’t have to worry about your former spouse’s debt. Any debt that was accumulated before the marriage is given back to the spouse who accumulated it.
Drawbacks of Annulment
While there are many benefits to annulment, there are also some drawbacks an annulment lawyer in Arlington, Texas would like you to consider. For one thing, proving the ground for annulment is much more complicated than getting a divorce. As a divorce attorney Arlington, TX residents trust can attest, all states offer no-fault divorce now, so spouses can cite irreconcilable differences as the reason for the breakup. If you want to get an annulment, you will have to prove that at least one of the grounds listed above existed at the time you got married. This may require extensive investigation and you’ll have to bring evidence and eyewitnesses to the court.
The second drawback is that states place strict time limits on annulment. In Texas, for example, the annulment case has to be filed within 30 days of the marriage date.
Consulting an Annulment Lawyer
Regardless of the reason you want your marriage annulled, it’s important to speak to an experienced annulment lawyer in Arlington, Texas as soon as possible. An annulment is a complicated legal matter, and you don’t want to handle it on your own. He or she can assess your case and determine if you’re a good candidate for annulment or not.
What Is an Annulment?
An annulment is a process where the courts declare that the marriage was not a valid one because of reasons that existed prior to the union. An annulment means that the marriage never legally existed, unlike a divorce, which dissolves a valid marriage.
Under Texas law, there are several grounds for which a person can file an annulment to void the marriage. An Arlington Texas annulment lawyer can explain these in detail and determine which ground applies to your situation.
One or Both Spouses Were Under the Age of 18
In Texas, a person under the age of 18 cannot get married unless they have been legally emancipated. If a person marries without a parent’s consent or approval from the court, this is grounds for an annulment. The annulment can be filed by a parent or guardian prior to the minor’s 18th birthday or a friend for the benefit of the minor within 90 days of the wedding.
One Spouse Was Under the Influence of Alcohol and/or Drugs
If one of the spouses was under the influence of alcohol or drug and lacked the legal capacity to consent to marry. In order to file an annulment on this ground, the spouse who is filing for the annulment cannot have lived with the other spouse once they became sober.
One Spouse Was Unable to Consummate the Marriage
If one of the spouses was permanently impotent prior to the marriage and did not share this information with the other spouse before they got married, this is grounds for an annulment. In order to file an annulment on this ground, the spouse who is filing for the annulment cannot have lived with the other spouse once they learned of the impotency.
The Marriage Was Based on Duress, Force, or Fraud
If one spouse made misrepresentations in order to convince or trick the other spouse into getting married, the marriage can be annulled based on fraud. If one spouse was under duress or forced to marry the other spouse because they felt threatened in some way, this information can also be uses as grounds.
An annulment lawyer in Arlington Texas can explain that in order to file an annulment one the these grounds, the spouse who is filing for the annulment cannot have lived with the other spouse once they learned of the fraud or were no longer under the threat of duress or force.
One Spouse Lacked the Mental Capacity to Marry
If one spouse lacked the mental capacity to understand and consent to the marriage, there are grounds for an annulment. A marriage can also be annulled if the one spouse did not know that the other spouse lacked the mental capacity to marry. In both these situations, the spouse who is filing for the annulment cannot have lived with the other spouse once they regained the mental capacity to learn they were married or learned that the spouse they married did not have the mental capacity to consent to marry.
One Spouse Hid Prior Divorces from the Other Spouse
If one spouse had no idea the other spouse had been divorced from someone else within a month before their marriage took place, one of our Divorce Lawyers Arlington, TX residents trust can file for annulment on that ground. In order to file an annulment on this ground, the spouse who is filing for the annulment cannot have lived with the other spouse once they learned of the divorce and the annulment must be filed before the couple celebrates one year of marriage.
The Marriage Took Place Within 72 of the Issuance of the Marriage License
Under Texas law, a couple must wait for 72 hours after a marriage license is issued before getting married. If they marry before that waiting period is up, then there are grounds to annul the marriage as long as the process is filed within one month of the marriage.