Under What Circumstances Can I Annul My Marriage Rather Than Divorce?

By Brian Loughmiller
March 05, 2014

Anullments in Texas are limited to certain circumstances. For example a marriage by a person under the age of 18 without parental consent may be annulled. The Court may also annul a marriage if the court finds that at the time of the marriage the person seeking annulment was under the influence of alcohol or narcotics and that the person has not cohabitated with the spouse after the effects of the alcohol or narcotics had ended.

Other circumstances include impotency, fraud or duress, mental incapacity, marriage that occurs within 30 days of a divorce from a prior spouse, or if the marriage occurred less than 72 hours from the time of granting a marriage license. It is important to note that in each of these circumstances it requires the person to not have had knowledge of the fact before marriage and to have not cohabitated with the person once the fact is known.


Brian Loughmiller is a partner at the McKinney, Texas law firm of Loughmiller Higgins. Serving family law clients throughout North Texas and the DFW Metroplex area, Brian and his partner, Eric Higgins, have 47 years of combined trial experience. One of the top family lawyers in the state, Brian has been recognized as a Super Lawyer every year since 2005.

You can learn more about Loughmiller Higgins P.C. at www.familylitigation.com. He can be reached directly at (972) 529-5554 or view their firm online profile here.

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March 05, 2014

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