In addition to divorce proceedings, Texas Family Law recognizes under specific conditions the dissolution of marriage either through an annulment or a declaration that the marriage is void. The 60 day cooling off period is inapplicable to marriages that are dissolved either through annulments or voided.
An annulment may be granted under the following conditions:
- A person under the age of 18 but older than 16 did not receive the consent of his/her managing conservator or court order to marry.
- The petitioner lacked the capacity to consent because she was under the influence of alcohol or narcotics at the time of marriage and has not voluntarily cohabited since the effects of the alcohol or narcotics ended.
- Either party is permanently impotent, the petitioner did not know about the condition and has not voluntarily cohabited with the other party since learning of the impotency.
- The other party used fraud, duress, or force to induce the petitioner into marriage and the petitioner has not voluntarily cohabited since learning of the fraud or being released from the duress or force.
- The petitioner lacked the mental capacity to either consent to the marriage or to understand the nature of the marriage ceremony because of mental disease or defect.
- The petitioner did not know that the other party had been divorced within 30 days preceding the date of the marriage ceremony and has not voluntarily cohabited with that party after learning of the divorce: Petitioner has one year from the date of marriage to file suit.
- Less than 72 hours expired from the time the marriage license was obtained and the marriage ceremony: Petitioner has 30 days from date of marriage to file suit.
A civil annulment is not the same as a religious annulment. A religious annulment does not dissolve the legal marriage; likewise, the civil annulment may not have any effect on a person's particular church. If you need a religious annulment or nullity to remarry within the canonical laws of your particular faith, please contact your church.