Simply put, an annulment refers to a proceeding to have a marriage declared void or like the marriage never happened. In an annulment suit, the court does have the authority to issue orders concerning children and even divide property.
To obtain an annulment the Texas Family Code requires that one or more of the following occur:
- the parties are related, by blood or adoption, or
- either party was previously married and the prior marriage has not been dissolved.
An annulment may also be granted IF at the time of the marriage one party to the marriage was
- under the influence of alcohol or drugs,
- mentally incompetent,
- forced to marry by fraud or duress, or
- was misled about a prior divorce.
Often, the individual seeking an annulment must stop living with the other party once they discover the issue.