Annulment and Voided: What Does it Take to Get a Marriage Declared Void


There are times when clients may need an Austin divorce attorney to look into having a marriage negated. What the client really wants, however, is having the marriage declared void. Annulments and voids do not mean the same thing and people often confuse the two terms.

Voidable marriages are the only marriages that can be annulled. What is a voidable marriage? It’s a marriage that’s legal and valid that is set aside under specific circumstances. Three examples of voidable marriages include:

  1. The marriage occurred when both parties were under 18 and did not get parental consent.
  2. The marriage where either one or both parties were not 16 years of age and did not get court authorization for getting married.
  3. The marriage occurred before the end of the 72-hour waiting period after being issued the marriage license.

When you want to ask for an annulment, a voidable marriage can be dissolved. If parties continue to live together or act like they are married, then the law will see them as such.

A void marriage is a marriage not recognized by law and is not reaffirmed by the actions of the parties. According to Texas Family Code, there are a couple of circumstances in which a marriage is totally voided:

  1. The parties relate closely by blood (this includes a marriage between siblings or a child and parent).
  2. One party is already married to somebody else.

Should a marriage be voided because of the operation of law, the Austin family law attorney can put in for a Petition to Declare Marriage Void but the following stipulations should be met first:

  1. The alleged marriage occurred in the state of Texas
  2. Either party currently lives in Texas

When a marriage is voided, the parties don’t have to do anything else that dissolves the relationship. All they have to do is walk away as if the marriage never, ever took place. If the couple has children or obtained property while together, it’s advisable that they go on with a case that will affirm the marriage void. It’s the only legal way for the parties to separate their lives from each other.

Feel like your marriage is void? Want to discuss with someone to find out? Talk with any extremely skilled Austin divorce attorney at the Law Office of Willie and Dasher to schedule an appointment today.

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