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Grounds for Annulment

The dictionary defines the word annul as:

  1. To make or declare voice or invalid, as in a marriage or a law; nullify
  2. To obliterate the effect or existence of.

An annulment legally dissolves a marriage but it’s not a divorce. Essentially, it wipes out the marriage as if it never existed.

Divorce for certain religious faiths can be a problem because they will not be allowed to remarry in their church if they get one. However, if they obtain an annulment, they will be able to remarry in their church, because the first marriage essentially never existed.

Civil Annulment

    1. Annulment due to fraud or misrepresentation. If, for example, the wife lied about her ability to bear children or that she was of legal age to marry, or that she was not married to someone else at the time of this marriage, an annulment would likely be granted.
    2. Concealment. If a spouse hid the fact that he was addicted to drugs or alcohol, or had children from a past relationship, a sexually transmitted disease, a felony conviction, or was impotent, annulment can be granted.
    3. Misunderstanding. Annulment can be granted if there has been a misunderstanding about the prospect of having children, and one spouse wants them and the other doesn’t.
    4. Refusal or inability to consummate the marriage. This means, literally, that the marriage cannot be consumed because of the inability of refusal of one of the partners to have sexual intercourse with the other spouse. Again, this is grounds for civil annulment.

Religious Annulment

A couple may secure a religious annulment from the Roman Catholic Church after they go through a civil divorce. This allows both ex-spouses to marry again to someone else and have the second marriage be within the recognition of the church.

Contact a Divorce and Family Law Attorney

Stewart Law, PLLC, located in Baytown, Texas, has provided legal counsel to men and women in annulment, separation, divorce and other family law cases for 8 years. If you have questions about annulment or divorce or any other family law matter, we can give you advice that will help you decide how to proceed. For an initial assessment and consultation regarding default and uncontested divorces, contact our family law firm online or call our office at
(281) 420-8020, at a reduced fee of $50.

 
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