Texas annulment grounds

[gvn2fly]

What is the name of your state (only U.S. law)? TX

I got married in India on May 17, and we started having issues from day 1. They all come down to the fact that my wife has absolutely no regard for the institution of marriage, or for me, my family, or my goals, and wants everything her way. After a particularly big fight, I left the house on June 12, and we haven't seen each other since. We also never consummated our marriage because she being a virgin was not physically ready, and she also did not feel "emotionally" or "mentally" ready to try because of all our issues.

I am now looking to get an annulment. I have two potential grounds I can use -- impotency (hers), or mental incapacity (hers). Based on the facts I described, is either of these grounds stronger than the other? Or are they both pretty tenuous arguments to make? I can't prove her physical impotency, so would the mental aspect alone qualify? Alternatively, would I be able to argue that she lacked the mental capacity to enter into a marriage because of how she's treated me and our marriage?

[LdiJ]

Originally Posted by gvn2fly

What is the name of your state (only U.S. law)? TX

I got married in India on May 17, and we started having issues from day 1. They all come down to the fact that my wife has absolutely no regard for the institution of marriage, or for me, my family, or my goals, and wants everything her way. After a particularly big fight, I left the house on June 12, and we haven't seen each other since. We also never consummated our marriage because she being a virgin was not physically ready, and she also did not feel "emotionally" or "mentally" ready to try because of all our issues.

I am now looking to get an annulment. I have two potential grounds I can use -- impotency (hers), or mental incapacity (hers). Based on the facts I described, is either of these grounds stronger than the other? Or are they both pretty tenuous arguments to make? I can't prove her physical impotency, so would the mental aspect alone qualify? Alternatively, would I be able to argue that she lacked the mental capacity to enter into a marriage because of how she's treated me and our marriage?

You really cannot use impotency.

Was this an arranged marriage?

[mistoffolees]

Originally Posted by gvn2fly

I am now looking to get an annulment. I have two potential grounds I can use -- impotency (hers), or mental incapacity (hers). Based on the facts I described, is either of these grounds stronger than the other? Or are they both pretty tenuous arguments to make? I can't prove her physical impotency, so would the mental aspect alone qualify? Alternatively, would I be able to argue that she lacked the mental capacity to enter into a marriage because of how she's treated me and our marriage?

Impotency - not likely. Impotency is the inability to have sex, not the unwillingness to do so. If "I have a headache" (which is what her complaints amount to) were grounds for annulment, there wouldn't be any need for divorces.

Mental capacity probably won't work, either unless she's truly incompetent. "I don't like her views on marriage" is not the same as not having the mental capacity to enter into a marriage. It's about mental CAPACITY, not her current state of mind.

[LdiJ]

Originally Posted by mistoffolees

Impotency - not likely. Impotency is the inability to have sex, not the unwillingness to do so. If "I have a headache" (which is what her complaints amount to) were grounds for annulment, there wouldn't be any need for divorces.

Mental capacity probably won't work, either unless she's truly incompetent. "I don't like her views on marriage" is not the same as not having the mental capacity to enter into a marriage. It's about mental CAPACITY, not her current state of mind.

If it was an arranged marriage, and she felt like she had no choice, there might be an "out" there...but more for her than for him, based on the way that the OP is describing things.

[Ohiogal]

HOw old is the bride and how old is the OP?

[gvn2fly]

Yes, this was an arranged marriage. I am 30 and she is 26. We knew each other for about 10 months prior to the marriage. I saw several red flags even then, but married her anyway because of assurances from her mother that all she needed was to be treated lovingly and patiently, because she's very childish. After the wedding I find out that no matter how loving or patient I am, she has a strong sense of arrogance and selfishness, and will not compromise in any way. Trust me, this was a long-thought decision.

If impotency is merely the inability to have sex, why does the statute have mental impotency as a possible ground? What exactly does that mean?

[mistoffolees]

Originally Posted by gvn2fly

Yes, this was an arranged marriage. I am 30 and she is 26. We knew each other for about 10 months prior to the marriage. I saw several red flags even then, but married her anyway because of assurances from her mother that all she needed was to be treated lovingly and patiently, because she's very childish. After the wedding I find out that no matter how loving or patient I am, she has a strong sense of arrogance and selfishness, and will not compromise in any way. Trust me, this was a long-thought decision.

If impotency is merely the inability to have sex, why does the statute have mental impotency as a possible ground? What exactly does that mean?

Mental impotency would be the inability to have sex for mental reasons. As an example, someone who had been sexually abused as a child might find it impossible to have sex. In your wife's case, it seems that she just needs more time.

You're going to have a hard time with an annulment. Your best try would be to argue that she was coerced by her family into a wedding, but that sounds like an uphill battle. You'll probably be better off with a divorce.