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Texas Annulment and Prohibited Marriage Laws

In Texas, annulment and prohibited marriage laws are not that different from those of other states. Let's discuss each one in depth more.

What Are The Grounds For Annulment In Texas?

Annulment is the legal process of invalidating a marriage. In Texas, annulment grounds are divided into two categories:

  • Void Texas Annulment Grounds
  • Voidable Texas Annulment Grounds

Void Annulment Grounds

If you are married to a blood relative (father, mother, sister, uncle or aunt), it is grounds for a void annulment. If you are already married to someone else, that's a reason, too. You can't have your wedding cake and eat it, too.

Voidable Annulment Grounds

According to Texas annulment laws, you can file for annulment under the following voidable annulment grounds:

  • Marriage Under the Age of 14;
  • Marriage Under the Age of 18;
  • Under Influence of Alcohol or Drugs;
  • Fraud & Duress;
  • Impotency;
  • Mental Incapacity.

What Types Of Marriages Are Prohibited In Texas?

The Lone Star state prohibits marriage between close relatives (brother and sister, for example) and it had a ban on same-sex marriage, but 2015's Supreme Court Decision in Obergefell v. Hodges found that bans on same-sex marriage are unconstitutional.

Learn more about Texas annulment and prohibited marriage laws in the table below. See Marriage Law Overview for more general information.

Code Sections Fam. §1.102; §§6.201, et seq.; 6.102, et seq.; §2.001
Grounds for Annulment Unless ratified: underage; under influence of alcohol and drugs; impotency (mental or physical); fraud; duress, or force; mental incompetence; concealed divorce which occurred within 30 days preceding marriage; marriage took place within 72 hours after marriage license; previous marriage undissolved (most recent marriage presumed valid until valid prior marriage proven)
Time Limits for Obtaining Annulment Underage: Suit to annul must be brought within 90 days of fourteenth birthday of the underage party or 90 days of when petitioner knew or should have known (but not after 18th birthday); Concealed divorce: before 1st anniversary of marriage
Legitimacy of Children -
Prohibited Marriages Between ancestor and descendant, brother and sister (by whole, half-blood, or adoption), aunt and nephew, uncle and niece; bigamous (but becomes valid after dissolution of 1st marriage if parties live together and present themselves as married)

Note: Texas state marriage laws may change from time to time -- contact a Texas family law attorney or conduct your own legal research to verify the state law(s) you are researching.

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Texas Annulment and Prohibited Marriage Laws: Related Resources

Have Questions About Texas Annulment and Prohibited Marriage Laws? Ask a Lawyer

Maybe you entered into a marriage and now aren't sure you want to be in it. Perhaps you think it isn't valid for some reason or another. Not to worry. Texas has laws in place to cover those situations. And the best way to learn about those laws is to speak to a skilled family law attorney in Texas today.

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