Annulment of a marriage is not the same as a divorce. Divorce is the dissolution of a valid marriage. Annulment ends a marriage that was not valid to begin with.
Grounds for annulment include:
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- Impotence. If one spouse is permanently unable to have sex and the petitioning spouse did not know about the impotence at the time of the marriage, the marriage may be eligible for annulment.
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- Intoxication. If one of the spouses was too intoxicated during the wedding ceremony to have had the capacity to consent to marriage, the marriage may be eligible for annulment provided that the spouses did not continue to live together after the effects of intoxication wore off.
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- Incest. Spouses who have a familial relationship closer than first cousins do not form a valid marriage.
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- Fraud. If one of the spouses “tricked” the other into marrying him or her by hiding or lying about something essential to the marriage, the marriage may be eligible for annulment.
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- Bigamy. If one of the spouses was already married, the later marriage is not valid. However, if the earlier marriage is dissolved and the spouses of the later marriage continue to live together, the later marriage is not eligible for annulment.
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- Underage. Marriage between spouses, either of whom was under the legal age to get married, is not valid. Annulment does not necessarily have to be filed by the underage spouse; a parent or guardian can file on their behalf. If the marriage continues past the legal age of 18 (or 16 with parental consent or a court order), it is no longer eligible for annulment.
- Duress or force. If one of the spouses was threatened, forced or coerced into the marriage, the marriage may be eligible for annulment as long as the spouses did not continue to live together after the duress was no longer present.
Is your marriage eligible for annulment? Call us at (956) 428-2822 or complete our online form for a confidential and no-obligation consultation.