Questions About Obtaining An Annulment in Denton County?
You may wonder how an annulment is different from a divorce since they both pertain to marriage. Annulments are usually given after a family law judge determines a marriage was invalid – legally, it’s null and void. There were some conditions that occurred at that time that makes the marriage illegal.
An annulment is like the marriage never happened, and both parties are single again. However, to ask for annulment means to file a lawsuit. With a divorce, you are asking the court to dissolve the legally-binding marriage.
What Situations Could Apply To A Granted Annulment
- One or both parties were under 18, and there was no parental consent
- One or both of you were under the influence of drugs or alcohol and didn’t have the capacity to consent to the marriage.
- One or both of you agreed to the marriage under duress or fraud.
- You or your partner failed to disclose impotence before the marriage.
- One or both of you didn’t have the mental capacity to get married.
- You or your partner married again within 30 days of a divorce without telling the other person.
- You waited longer than 72 hours to get married after your license was issued.
With some of these instances, you may only be granted an annulment if you did not voluntarily cohabit with your spouse when you learned the facts. In other instances, you must file a suit within a period of time after the marriage occurs. For instance, you were drug or stoned when you got married, and you did not live with the other person after the effects wore off.
What Happens When There Are Children Involved?
When one person asks for annulment, even if they had children with the spouse during the marriage, they must address child custody and visitation. The annulment petition must include a Suit Affecting the Parent-Child Relationship (SAPCR) document. This document lets the court handle the custody, visitation and support.
A family law attorney should be hired in cases where there are marital debt and property.
If you are seeking to have your marriage annulled, reach out to Lewis, Passons & Darnell, P.C. to learn more about the process. Call 940-591-1191 to set up a consultation time.