The court may grant an annulment of a marriage to a party to the marriage on the suit of the party or the party’s guardian or next friend, if the court finds it to be  in the party’s best interest to be represented by a guardian or next friend if:

• at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; and
• since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship.

The court may grant an annulment of a marriage to a party to the marriage if:

• at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect; and
• at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect;and
• since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.

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The court may grant an annulment of a marriage to a party to the marriage if:

• either party, for physical or mental reasons, was permanently impotent at the time of the marriage;
• the petitioner did not know of the impotency at the time of the marriage; and
• the petitioner has not voluntarily cohabited with the other party since learning of the impotency.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)299-4777 for a free consultation.

Child Custody | Child Support |  Divorce  | Famiy Law | Attorney

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An annulment of a marriage may be granted at the discretion of the court sitting without a jury.

In exercising its discretion, the court shall consider the pertinent facts concerning the welfare of the parties to the marriage, including whether the female is pregnant .

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)299-4777 for a free consultation.

Child Custody | Child Support |  Divorce  | Famiy Law | Attorney

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A suit to annul a marriage may not be filed by a parent, managing conservator, or guardian of a person after the 18th birthday of the person.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)299-4777 for a free consultation.

Child Custody | Child Support |  Divorce  | Famiy Law | Attorney

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The court may grant an annulment of a marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order.

A petition for annulment may be filed by:

• a next friend for the benefit of the underage party;
• a parent; or
• a judicially designated managing conservator or guardian of the person of the underage party , whether an individual, authorized agency, or court.

A suit filed by a next-friend is barred unless it is filed within 90 days after the date of the marriage.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)299-4777 for a free consultation.

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File For Divorce in San Antonio Texas,

When filing for divorce your San Antonio divorce lawyer is your advocate and will help you understand the legal terminology making sure you have a fair settlement. In addition to being your support person, a San Antonio divorce lawyer will explain all the details and specifics, which will include jurisdiction, and the decisions that could influence your case. Rather than being in the dark about your own personal situation, contact me today and have the information available to you right from the start so that you can keep from making irreversible decisions that could negatively affect custody and visitation rights as well as responsibility for division of debts and assets. Free Consultation

Filing Papers for Divorce

The legal process involved in a divorce filing begins when a San Antonio divorce attorney prepares a divorce petition, and then files the petition with the clerk of the court. San Antonio Divorce cases are filed and heard in the state’s district or family court and each petition for divorce must be prepared according to specific legal requirements. That means the petition must include precise allegations and claims concerning the parties involved, as well as the residence of each party, and the number of children involved. If you are the one filing the petition, you are recognized as the “Petitioner.” The spouse being served is the “Respondent.” If on the other hand you and your spouse file for divorce together, then you are “Co-petitioners.” Once your San Antonio divorce attorney prepares the papers, the divorce petition is served on the Respondent. In some states, it may be necessary to have a Sheriff serve the divorce petition, while at other times a process server is hired to serve the papers. There are also situations when it is acceptable to have the papers served via certified mail. Should a Respondent not be easily accessible, special options are available to make sure the process is completed.

FILING For Divorce

Sec. 6.401.  CAPTION.  (a)  Pleadings in a suit for divorce or annulment shall be styled “In the Matter of the Marriage of __________ and __________.”

(b)  Pleadings in a suit to declare a marriage void shall be styled “A Suit To Declare Void the Marriage of __________ and __________.”

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.402.  PLEADINGS.  (a)  A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute.

(b)  Allegations of grounds for relief, matters of defense, or facts relied on for a temporary order that are stated in short and plain terms are not subject to special exceptions because of form or sufficiency.

(c)  The court shall strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court’s own motion.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.403.  ANSWER.  The respondent in a suit for dissolution of a marriage is not required to answer on oath or affirmation.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.4035.  WAIVER OF SERVICE.  (a)  A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.

(b)  The waiver must contain the mailing address of the party who executed the waiver.

(c)  The waiver must be sworn but may not be sworn before an attorney in the suit.

(d)  The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.

Added by Acts 1997, 75th Leg., ch. 614, Sec. 1, eff. Sept. 1, 1997.

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Sec. 6.102.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.  (a)  The court may grant an annulment of a marriage of a person 16 years of age or older but under 18 years of age that occurred without parental consent or without a court order as provided by Subchapters B and E, Chapter 2.

(b)  A petition for annulment under this section may be filed by:

(1)  a next friend for the benefit of the underage party;

(2)  a parent;  or

(3)  the judicially designated managing conservator or guardian of the person of the underage party, whether an individual, authorized agency, or court.

(c)  A suit filed under this subsection by a next friend is barred unless it is filed within 90 days after the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 268, Sec. 4.16, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 52, Sec. 3, eff. September 1, 2007.

Sec. 6.103.  UNDERAGE ANNULMENT BARRED BY ADULTHOOD.  A suit to annul a marriage may not be filed under Section 6.102 by a parent, managing conservator, or guardian of a person after the 18th birthday of the person.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 52, Sec. 4, eff. September 1, 2007.

Sec. 6.104.  DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.

(a)  An annulment under Section 6.102 of a marriage may be granted at the discretion of the court sitting without a jury.

(b)  In exercising its discretion, the court shall consider the pertinent facts concerning the welfare of the parties to the marriage, including whether the female is pregnant.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 52, Sec. 5, eff. September 1, 2007.

Sec. 6.105.  UNDER INFLUENCE OF ALCOHOL OR NARCOTICS.  The court may grant an annulment of a marriage to a party to the marriage if:

(1)  at the time of the marriage the petitioner was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage;  and

(2)  the petitioner has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.106.  IMPOTENCY.  The court may grant an annulment of a marriage to a party to the marriage if:

(1)  either party, for physical or mental reasons, was permanently impotent at the time of the marriage;

(2)  the petitioner did not know of the impotency at the time of the marriage;  and

(3)  the petitioner has not voluntarily cohabited with the other party since learning of the impotency.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.107.  FRAUD, DURESS, OR FORCE.  The court may grant an annulment of a marriage to a party to the marriage if:

(1)  the other party used fraud, duress, or force to induce the petitioner to enter into the marriage;  and

(2)  the petitioner has not voluntarily cohabited with the other party since learning of the fraud or since being released from the duress or force.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.108.  MENTAL INCAPACITY.  (a)  The court may grant an annulment of a marriage to a party to the marriage on the suit of the party or the party’s guardian or next friend, if the court finds it to be in the party’s best interest to be represented by a guardian or next friend, if:

(1)  at the time of the marriage the petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;  and

(2)  since the marriage ceremony, the petitioner has not voluntarily cohabited with the other party during a period when the petitioner possessed the mental capacity to recognize the marriage relationship.

(b)  The court may grant an annulment of a marriage to a party to the marriage if:

(1)  at the time of the marriage the other party did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect;

(2)  at the time of the marriage the petitioner neither knew nor reasonably should have known of the mental disease or defect;  and

(3)  since the date the petitioner discovered or reasonably should have discovered the mental disease or defect, the petitioner has not voluntarily cohabited with the other party.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.109.  CONCEALED DIVORCE.  (a)  The court may grant an annulment of a marriage to a party to the marriage if:

(1)  the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony;

(2)  at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce;  and

(3)  since the petitioner discovered or a reasonably prudent person would have discovered the fact of the divorce, the petitioner has not voluntarily cohabited with the other party.

(b)  A suit may not be brought under this section after the first anniversary of the date of the marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.110.  MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF LICENSE.  (a)  The court may grant an annulment of a marriage to a party to the marriage if the marriage ceremony took place in violation of Section 2.204 during the 72-hour period immediately following the issuance of the marriage license.

(b)  A suit may not be brought under this section after the 30th day after the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.111.  DEATH OF PARTY TO VOIDABLE MARRIAGE.  Except as provided by Section 47A, Texas Probate Code, a marriage subject to annulment may not be challenged in a proceeding instituted after the death of either party to the marriage.

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The Petition for Divorce is the initial document filed with the Texas court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

Sec. 1.003.  SUIT FOR DISSOLUTION OF MARRIAGE.  “Suit for dissolution of a marriage” includes a suit for divorce or annulment or to declare a marriage void.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

SUBCHAPTER B. PUBLIC POLICY

Sec. 1.101.  EVERY MARRIAGE PRESUMED VALID.  In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship.  However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable.  Therefore, every marriage entered into in this state is presumed to be valid unless expressly made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.102.  MOST RECENT MARRIAGE PRESUMED VALID.  When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.103.  PERSONS MARRIED ELSEWHERE.  The law of this state applies to persons married elsewhere who are domiciled in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.104.  CAPACITY OF SPOUSE.  Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this state has the capacity and power of an adult, including the capacity to contract.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.105.  JOINDER IN CIVIL SUITS.  (a)  A spouse may sue and be sued without the joinder of the other spouse.

(b)  When claims or liabilities are joint and several, the spouses may be joined under the rules relating to joinder of parties generally.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.106.  CRIMINAL CONVERSATION NOT AUTHORIZED.  A right of action by one spouse against a third party for criminal conversation is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.107.  ALIENATION OF AFFECTION NOT AUTHORIZED.  A right of action by one spouse against a third party for alienation of affection is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 1.108.  PROMISE OR AGREEMENT MUST BE IN WRITING.  A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.

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