Annulment? 17 when married, is it even void?Happened in TX, now reside in CA.

[beaublues]

What is the name of your state (only U.S. law)?
Happened in TX, now reside in CA.

I was married at the age of 18, and the groom was 17, and altered his ID to say 18. he dissapeared after 3 months, and I have yet to see him since. I am currently 23, and am getting engaged, and would like to get married, and am wondering what exact measures I take to be rid of this past ordeal. An annulment? Is it even valid if he lied on the marriage certif.? I would hope to have this matter resolved quickly and quietly, as my job puts me in a bit of a public eye as well. This marriage certificate was also obtained in Texas. However, I live in California now and have for years. I hope to hear from you soon, and appreciate any advice, or any steps to take asap to resolve this. Thank you kindly.

 

[Ohiogal]

Get a divorce in California. You don't have grounds for an annulment.

 

[beaublues]

re

So is the marriage even valid though, if one party was 17? Am I legally able to remarry while still having this on my record, while going through divorce?

 

[LdiJ]

So is the marriage even valid though, if one party was 17? Am I legally able to remarry while still having this on my record, while going through divorce?

You have to get a divorce. No, of course you cannot marry someone else until your divorce is final.

 

[beaublues]

re

I understand that. My question was mainly is the marriage even recognized and valid though in the first place if the person was not of legal age, with no consent. Wouldnt that be grounds for the marriage not being valid in the first place?

 

[mommyof4]

I understand that. My question was mainly is the marriage even recognized and valid though in the first place if the person was not of legal age, with no consent. Wouldnt that be grounds for the marriage not being valid in the first place?

It doesn't matter if it was valid or not. The fact is that you must NOW get a divorce.
TX family code

Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. A suit to annul a marriage may not be filed under Section 6.102 by a parent, managing conservator, or guardian of a person after the 18th birthday of the person.



Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 52, Sec. 4, eff. September 1, 2007

.

 

[beaublues]

Re

Ok, thank you for posting the Am.

now, my final question would be, Do i Need the other party the male spouse, to be present. I have not been able to locate him, or find him the past 5 years.
I will be 24 this year, this happened when I was 18.

Can I just file for divorce on my own? On top of that, is there a way to have the divorce go by more quickly? Do I have to file in CA or TX (TX where it happened, CA where I live), or do I have a choice between the 2?

 

[LdiJ]

Ok, thank you for posting the Am.

now, my final question would be, Do i Need the other party the male spouse, to be present. I have not been able to locate him, or find him the past 5 years.
I will be 24 this year, this happened when I was 18.

Can I just file for divorce on my own? On top of that, is there a way to have the divorce go by more quickly? Do I have to file in CA or TX (TX where it happened, CA where I live), or do I have a choice between the 2?

Since you have no idea where he is, you are really going to need an attorney to handle this for you. You live in CA, therefore that is where you should file.