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Can a marriage be annulled or voided in Texas?

In Texas, a judge can allow a divorce without fault when the relationship is insupportable. There are also grounds for annulment or voidable marriage in some circumstances.

Annulment

There are specific situations that legally qualify for an annulment. For example, a judge may grant an annulment for underage marriage. Instead of a divorce, a court can grant an annulment of marriage for people between 16 to 18 years old. The marriage needs to have been without parental consent. A friend, parent or guardian can petition for the annulment of underage marriage. A parent or guardian can’t file an annulment after the person’s 18th birthday. A court can use discretion with certain facts about the case, including if a person is pregnant.

A court can also grant annulment instead of divorce if there was alcohol or narcotics involved. A person under the influence of alcohol or narcotics during the ceremony can’t consent to the marriage.

A court can also grant an annulment for marriages with physical or mental issues. Mental incapacity or fraud are common annulment reasons.

Voidable marriages

A divorce or annulment isn’t voidable after the death of either party. A person can void a marriage if the two parties are relatives. Under the law, related means an ancestor or descendant by blood or adoption. The court will void a brother and sister related by both parents, one parent or adoption. The court will also void a person marrying their aunt or uncle, whether by blood or adoption. Full or half cousins by blood or adoption are voidable as well.

Another common voidable situation is a new marriage while a party is still married. If a person seeks an annulment or wants a judge to declare their marriage void, they need to understand state laws that define a legal marriage.