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A marriage that was for some reason never valid from the start and cannot be made valid. Common reasons for a court to find a marriage void ab initio are that the marriage is incestuous or polygamous. Compare with voidable marriage.
A judge can grant an annulment if the marriage took place within 72 hours after the marriage license was issued. There are a few exceptions to this. The annulment petition must be filed within 30 days of the marriage.
Due to the long process involved in filing for petition of annulment, both parties may assume that long separation is enough to nullify marriage. In fact, there are presumptions that when married parties do not see each other for more than seven years, it will automatically nullify your marriage.
Your marriage is 'voidable' You can annul a marriage for a number of reasons, such as: it was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples) you did not properly consent to the marriage - for example you were forced into it.
The petition to declare a marriage void can be filed in the county where all or a large part of the relevant facts or acts leading to the void marriage happened or where the petitioner or the other party lived when the facts, acts, and marriage took place.
If the annulment is due to a previous divorce, the case for annulment must be filed by the first anniversary of the marriage. If the annulment is due to a violation of the waiting period, the case has to filed within 30 days of the marriage date.
There are two grounds for declaring a marriage void in Texas: Consanguinity. The existence of a prior marriage.
What Are Some Examples of Void and Voidable Marriages? A spouse hadn't yet reached the legal age to marry under state law.Either of the spouses lacked the mental capacity to consent to the marriage.Either of the spouses was permanently impotent at the time of the marriage.