• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

annulment in texas?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

stepmom2nbtwins

Junior Member
What is the name of your state (only U.S. law)? Texas

I was married in October 2007. My husband and I have never shared the same residence, we don't even live in the same counties. I'm bound to my county by a previous divorce and he has repeatedly promised to move here as soon as he can get transferred with work. In the meantime, I found out about multiple affairs, that he's represented himself as being in an open marriage and he's recently become the father of twins. (he told me the morning they were born). Do we meet the requirements of an annulment in Texas? We have no children together and no marital property. I've googled and I'm not really sure if this would fall under fraud or not. There isn't nearly as much information available about filing for annulment, so if we do meet the requirements, can anyone tell me which forms need to be filed and what the steps are? I've already found everything I'd need to do the divorce pro se, but would much rather get the annulment if possible.

Thank you
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

I was married in October 2007. My husband and I have never shared the same residence, we don't even live in the same counties. I'm bound to my county by a previous divorce and he has repeatedly promised to move here as soon as he can get transferred with work. In the meantime, I found out about multiple affairs, that he's represented himself as being in an open marriage and he's recently become the father of twins. (he told me the morning they were born). Do we meet the requirements of an annulment in Texas? We have no children together and no marital property. I've googled and I'm not really sure if this would fall under fraud or not. There isn't nearly as much information available about filing for annulment, so if we do meet the requirements, can anyone tell me which forms need to be filed and what the steps are? I've already found everything I'd need to do the divorce pro se, but would much rather get the annulment if possible.

Thank you
Which one of you lives in TX?
 

stepmom2nbtwins

Junior Member
We both live in Texas, just 300 miles apart. We have traveled to see each other on weekends & vacations, but have never shared a home.
 

LdiJ

Senior Member
We both live in Texas, just 300 miles apart. We have traveled to see each other on weekends & vacations, but have never shared a home.
To be honest, it doesn't really sound like you would meet the standards for an annulment. Despite the fact that you have not shared a home, it sounds like you have been "married" in all aspects.

Its also easier, quicker, and cheaper to get a divorce.
 

stepmom2nbtwins

Junior Member
thank you. The cheaper part sounds good. But actually all the information I've found said there wasn't a 60 day waiting period for the annulment like for the divorce, so that may have been quicker. I knew it was difficult to meet the requirements, so I wasn't sure if what he's done would be considered fraud or not. I have found out that he's intentionally turned down transfers although he never told me. Hindsight is 20/20 I suppose. Again, thank you for your response.
 

mistoffolees

Senior Member
thank you. The cheaper part sounds good. But actually all the information I've found said there wasn't a 60 day waiting period for the annulment like for the divorce, so that may have been quicker. I knew it was difficult to meet the requirements, so I wasn't sure if what he's done would be considered fraud or not. I have found out that he's intentionally turned down transfers although he never told me. Hindsight is 20/20 I suppose. Again, thank you for your response.
You already got your answer. No one cares if it would have been cheaper or more expensive or how long it would take. You're not eligible. Even a brief search would have given you the same answer (I googled 'annulment texas' and the first link was:
Texas Annulment

Basically, unless he's a close relative or married to someone else, you can't get an annulment.

It gets really boring when the same question gets asked several times a week from people who can't be bothered to spend 10 seconds searching.
 

latigo

Senior Member
If you’ve researched the Texas Family Code, you should know that nothing you have told us to this point supplies grounds for annulling your marriage.

Where the Code speaks of fraud as being a ground, it doesn’t mean that your spouse has failed to live up to a promise he made to you or that he concealed his womanizing tendencies, or had no intention of establishing a marital residence in Texas.

It means that he made some false representation of a material fact that induced you to enter into the marriage. And a material fact of which you were not aware at the time, a representation that you were entitled to rely on as being true, and a representation that had you known to be false you would not have entered into the marriage.

Furthermore, even if you could convince the family court that what you are telling us amounts to fraud under Section 6.107(1), technically you would be estopped from asserting it as grounds due to the fact of your frequent cohabitation as husband and wife. Regardless of where the cohabitation occurred. Cohabitation after discovery of the fraud waives the grounds.

“(2) the petitioner has not voluntarily cohabited with the other party since learning of the fraud . . . “
 

Zigner

Senior Member, Non-Attorney
Interesting...

The two reasons listed above mean a marriage is void. But there are other things which leave a marriage voidable.

Using the same site as given above, scroll farther down. You will find information on voidable marriages, including fraud.

I don't know if you actually qualify. to have your marriage voided, but if you haven't actually lived together, you *may*. Contact a local divorce attorney for a brief consultation.
 

stepmom2nbtwins

Junior Member
well thanks to everyone who responded. Even the negative responses. However, I would like to remind you, that I'm NOT in the legal field and that's why I came here to get advice. I did spend more than 10 seconds looking for the information I needed and didn't completely understand it. So I came to a LEGAL ADVICE forum to help me understand. I'm not asking to be babied or only given the answer I want, I was asking IF I meet the requirements. Mistoffolees, you seem to have some misplaced anger or something and want to go on the attack. Take a deep breath and get over it already or just maybe lay off the internet for awhile? Apparently, according to Zigner, you didn't do all your research either and you're here GIVING advice, not asking for it. The fact that I mentioned it being quicker, was in response to advice I was given and just commenting on what I'd found already (because I had been doing my research). Latigo: thank you very much for the advice and explaining it in more of a layman's terms. And Zigner: thanks for researching it a little bit more and advising to seek a consultation because you too were unsure. I know annulments are tricky even if you do meet the requirement and just wanted to know all of my options before I start pursuing. Again... thanks to everyone who's responded.
 

stepmom2nbtwins

Junior Member
I just wanted to respond that when I followed the link left by Mistoffolees, it was the first website I'd found as well. And still after reading that**************I was unsure which is why I posted here originally. I think he/she may have only read the first section and couldn't bother to read any further. The section on fraud is still unclear as to what exactly it consists of. I'm just pointing this out, not being ungrateful or disrespectful. Oh and Latigo... we haven't "cohabitated" at all and I haven't been to his house or vice versa since I found out any of this.

Thanks!!! I'll make an appointment with a local attorney this week.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top