Marriage is a significant legal commitment, but sometimes circumstances arise that make you question whether your marriage was valid from the start. Unlike divorce, which ends a valid marriage, an annulment declares that a legal marriage never existed. But getting an annulment isn’t as simple as just changing your mind—Texas law requires specific grounds.

At Alsandor Law, we help clients work through these complex situations with clarity and compassion. Let’s break down when Texas law allows for an annulment and what you need to know.

What Makes an Annulment Different from Divorce?

An annulment essentially erases the marriage as if it never happened legally. This differs significantly from divorce, which acknowledges the marriage existed but terminates it. For many people, the distinction matters for personal, religious, or financial reasons.

Common Grounds for Annulment in Texas

Fraud, Duress, or Coercion

One of the most frequently cited reasons for annulment involves deception or pressure. If one spouse used fraud, duress, or coercion to convince the other to marry, Texas courts may grant an annulment.

Consider this real scenario: A man told his fiancée he was ten years older than his actual age. When his wife eventually found out the truth, she felt betrayed and manipulated. The court agreed that this fraudulent misrepresentation was significant enough to grant an annulment.

While you might think most people would be thrilled to find out their partner is younger, the issue isn’t about age preference—it’s about the honesty and trust that form the foundation of any marriage.

Lack of Parental Consent for Minors

In Texas, teenagers can marry at 16 with parental consent. Once married, they become emancipated adults in the eyes of the law. But what happens when a teenager marries without that required consent?

If parents weren’t consulted or didn’t approve, the marriage can be annulled. This sometimes happens in those “Romeo and Juliet” situations where young couples are so caught up in their feelings that they rush to the altar without thinking through the legal requirements—or talking to their parents.

Mental Incapacity or Intoxication

Texas law requires that both parties have the mental capacity to consent to marriage. This means they must fully comprehend what they’re doing when they say “I do.”

Several situations can compromise mental capacity:

Mental Disorders or Conditions: If one spouse had a mental condition that wasn’t apparent until after the marriage, and this condition prevented them from truly consenting, an annulment may be possible.

Intoxication: Yes, those Las Vegas wedding chapel stories are real. If one or both spouses were drunk or otherwise intoxicated during the ceremony and didn’t have the wherewithal to understand they were getting married, they can seek an annulment.

However, there’s an important catch: You must live separately once you realize what happened. If you wake up with a hangover, realize you got married, but then decide to continue living together as a married couple, you’ve essentially validated the marriage. At that point, an annulment is off the table.

The Timeline Matters

For annulments based on intoxication or temporary mental incapacity, timing is everything. Once you become aware of the situation and “come to your senses,” you need to act quickly. Continuing to live together or presenting yourselves as a married couple after regaining capacity can prevent you from getting an annulment later.

Why These Rules Exist

Texas annulment laws aren’t designed to be an easy exit from a marriage you regret. They’re meant to address situations where the marriage shouldn’t have happened in the first place due to a fundamental legal problem. The state wants to protect people from being trapped in marriages they never truly consented to while also preventing people from abusing annulment as a convenient alternative to divorce.

Getting Legal Guidance for Your Situation

Every marriage and every annulment case has unique circumstances. What might seem like grounds for annulment to you might not meet Texas legal requirements, or there might be aspects of your situation you haven’t considered that would strengthen your case.

That’s where experienced family law representation makes all the difference. At Alsandor Law, we take the time to evaluate your specific circumstances, explain your options clearly, and help you make informed decisions about your next steps.

Whether you’re dealing with fraud, lack of consent, or questions about mental capacity, we’re here to provide the guidance and representation you need during this challenging time.

Need to discuss whether annulment is the right option for your situation? Contact Alsandor Law today for a consultation. We’re here to help you move forward with confidence and clarity.