Jaycinhrt said:
I was married in Reno,Nevada in July of 2000. My wife has now for the past 6 months put me in another bedroom and has no sexual contact with me at all. Would it be possible to get my marraige annuled? Do I have a full yr. from the date married and do I go by Nevada law or Texas.
My response:
You would file a Petition in the State of Texas if you have met the residency requirements. Read the following for full particulars for divorce and annulment in Texas.
§ 1.003. Suit for Dissolution of Marriage
"Suit for dissolution of a marriage" includes a suit for divorce or annulment or to declare a marriage void.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER B. PUBLIC POLICY
§ 1.101. Every Marriage Presumed Valid
In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable. Therefore, every marriage entered into in this state is presumed to be valid unless expressly made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES
§ 6.001. Insupportability
On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.002. Cruelty
The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.003. Adultery
The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.004. Conviction of Felony
(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
(b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.005. Abandonment
The court may grant a divorce in favor of one spouse if the other spouse:
(1) left the complaining spouse with the intention of abandonment; and
(2) remained away for at least one year.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.006. Living Apart
The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.007. Confinement in Mental Hospital
The court may grant a divorce in favor of one spouse if at the time the suit is filed:
(1) the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years; and
(2) it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.008. Defenses
(a) The defenses to a suit for divorce of recrimination and adultery are abolished.
(b) Condonation is a defense to a suit for divorce only if the court finds that there is a reasonable expectation of reconciliation.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER B. GROUNDS FOR ANNULMENT
§ 6.101. Annulment of Marriage of Person Under Age 14
(a) The court may grant an annulment of a licensed marriage of a person under 14 years of age unless a court order has been obtained as provided in Subchapter B, Chapter 2.
(b) A petition for annulment under this section may be filed by a next friend for the benefit of a person under 14 years of age or on the petition of the parent or the judicially designated managing conservator or guardian, whether an individual, authorized agency, or court, of the person.
(c) A suit by a parent, managing conservator, or guardian of the person may be brought at any time before the person is 14 years of age.
(d) A suit under this section to annul the marriage of a person 14 years of age or older that was entered into before the person was 14 years of age is barred unless the suit is filed within the later of:
(1) 90 days after the date the petitioner knew or should have known of the marriage; or
(2) 90 days after the date of the 14th birthday of the underage party.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, § 3, eff. Sept. 1, 1997.
§ 6.102. Annulment of Marriage of Person Under Age 18
(a) The court may grant an annulment of a licensed or informal marriage of a person 14 years of age or older but under 18 years of age that occurred without parental consent or without a court order as provided by Subchapters B and E, Chapter 2.
(b) A petition for annulment under this section may be filed by:
(1) a next friend for the benefit of the underage party;
(2) a parent; or
(3) the judicially designated managing conservator or guardian of the person of the underage party, whether an individual, authorized agency, or court.
(c) A suit filed under this subsection by a next friend is barred unless it is filed within 90 days after the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.103. Underage Annulment Barred by Adulthood
A suit to annul a marriage may not be filed under Section 6.101 or 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, § 1, eff. April 17, 1997.
§ 6.104. Discretionary Annulment of Underage Marriage
(a) An annulment under Section 6.101 or 6.102 of a marriage may be granted at the discretion of the court sitting without a jury.
(b) In exercising its discretion, the court shall consider the pertinent facts concerning the welfare of the parties to the marriage, including whether the female is pregnant.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.105. Under Influence of Alcohol or Narcotics
The court may grant an annulment of a marriage to a party to the marriage if:
(1) at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage; and
(2) the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.106. Impotency
The court may grant an annulment of a marriage to a party to the marriage if:
(1) either party, for physical or mental reasons, was permanently impotent at the time of the marriage;
(2) the petitioner did not know of the impotency at the time of the marriage; and
(3) the petitioner has not voluntarily cohabited with the other party since learning of the impotency.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.107. Fraud, Duress, or Force
The court may grant an annulment of a marriage to a party to the marriage if:
(1) the other party used fraud, duress, or force to induce the petitioner to enter into the marriage; and
(2) the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.108. Mental Incapacity
(a) The court may grant an annulment of a marriage to a party to the marriage on the suit of the party or the party's guardian or next friend, if the court finds it to be in the party's best interest to be represented by a guardian or next friend, if:
(1) at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; and
(2) since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship.
(b) The court may grant an annulment of a marriage to a party to the marriage if:
(1) at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;
(2) at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect; and
(3) since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.109. Concealed Divorce
(a) The court may grant an annulment of a marriage to a party to the marriage if:
(1) the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony;
(2) at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce; and
(3) since the petitioner discovered or a reasonably prudent person would have discovered the fact of the divorce, the petitioner has not voluntarily cohabited with the other party.
(b) A suit may not be brought under this section after the first anniversary of the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.110. Marriage Less Than 72 Hours After Issuance of License
(a) The court may grant an annulment of a marriage to a party to the marriage if the marriage ceremony took place in violation of Section 2.204 during the 72-hour period immediately following the issuance of the marriage license.
(b) A suit may not be brought under this section after the 30th day after the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.111. Death of Party to Voidable Marriage
A marriage subject to annulment may not be challenged in a proceeding instituted after the death of either party to the marriage.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER C. DECLARING A MARRIAGE VOID
§ 6.201. Consanguinity
A marriage is void if one party to the marriage is related to the other as:
(1) an ancestor or descendant, by blood or adoption;
(2) a brother or sister, of the whole or half blood or by adoption;
(3) a parent's brother or sister, of the whole or half blood or by adoption; or
(4) a son or daughter of a brother or sister, of the whole or half blood or by adoption.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.202. Marriage During Existence of Prior Marriage
(a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.
(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 6.203. Certain Void Marriages Validated
Except for a marriage that would have been void under Section 6.201, a marriage that was entered into before January 1, 1970, in violation of the prohibitions of Article 496, Penal Code of Texas, 1925, is validated from the date the marriage commenced if the parties continued until January 1, 1970, to live together as husband and wife and to represent themselves to others as being married.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER D. JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS
§ 6.301. General Residency Rule for Divorce Suit
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
(1) a domiciliary of this state for the preceding six-month period; and
(2) a resident of the county in which the suit is filed for the preceding 90-day period.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
