Can You Get Your LGBT Marriage Annulled in Houston, Texas?
In this country, we hear an awful lot about divorce, but we don’t hear a lot about annulments. Years ago, it seemed like an annulment was a threat to any young couple who married without letting their parents know. However, annulments are alive and well in Houston, Texas. They’re also a lot different than a divorce.
Any couple who gets married and later decide they don’t want to be married can get a divorce. It is available to all couples – including LGBT couples. Usually (and hopefully), a couple will be married for several years before they realize they no longer wish to be married. However, technically, and legally, you can file for divorce at any point. There is no waiting period or time limit.
When it comes to an annulment, however, things are different. It isn’t available to everyone. Nor is it easy to qualify for an annulment in Texas. But, if you believe it’s an option for you, it’s time to call and meet with an experienced LGBT family lawyer.
What is an Annulment?
An annulment is a court order that a marriage is invalid. When a marriage is annulled, it’s as if it never happened. This is different from a divorce, where the court deems the marriage over. With an annulment, the parties simply go on with their life as if they had never been married at all.
An annulment is based on conditions that existed at the time of the wedding that invalidates the divorce. It is not based on things that happened after the marriage took place. Nor is it based on the behavior of either of the spouses during the marriage.
There are certain reasons that a marriage can be annulled. In order to get your marriage invalidated, your LGBT family lawyer in Houston will have to prove your grounds. There is no catch-all basis for an annulment like there is for a divorce. The grounds have to be very specific.
What are the Grounds for an Annulment in Texas?
In order to get divorced in Texas, you do need to state specific grounds for divorce. Most people just cite irreconcilable differences. However, you can cite things like adultery or extreme cruelty. Most people don’t do that because it just makes the divorce process more difficult.
With an annulment, the grounds are quite different from a divorce. The grounds for an annulment include:
- One or both of the spouses were under the age of eighteen (18) on the date of the wedding
- The marriage took place while under the influence of drugs or alcohol
- One of the spouses was permanently impotent
- The marriage was induced by fraud, force or duress
- One of the parties lacked the mental capacity to get married
- One of the spouses concealed a prior divorce
- The couple got married within 72 hours of getting their marriage certificate
Your LGBT family law attorney will help you complete the paperwork for your annulment. They will also accompany you at the court hearing to get your LGBT marriage annulled.
Is an Annulment Easier to Complete than a Divorce?
Generally speaking, while the grounds for an annulment are specific, it is a bit easier to get an LGBT marriage annulled than it is to get divorced. Part of this has to do with the fact that the marriage was relatively short. Rarely do couples who’ve been married for years attempt to get their marriage annulled.
The other thing about an annulment is, usually, both parties are on board with getting an LGBT marriage annulled. Perhaps they realize they got married too soon. Or, they got married at a chapel in Las Vegas and were rather drunk at the time.
As long as you can prove one of the above grounds, your annulment will probably be approved. However, an annulment is technically a lawsuit. You’re always better off having an experienced LGBT family attorney handle it for you.
Contact a Skilled LGBT Family Lawyer in Houston, Texas
If you and your partner got married and now regret it, you need to call an experienced LGBT family law attorney in Houston. They can review your situation and let you know if you qualify for an annulment.
Call Eddington & Worley today and schedule your initial consultation. An annulment can be a very easy solution for what may be a difficult situation. And, if an annulment isn’t a viable option, they can help you decide if you need to file for divorce.
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