A Texas divorce does not necessarily end with the couple parting ways and moving on with their lives. In some cases, there is a desire on the part of one of both members of the marriage to have an annulment and make it as if the marriage never happened in the first place. There could be religious justifications for this or it might be because the marriage involved someone who was under the age of legal adulthood. This post will address issues related to annulment for those under the age of 18.
For an annulment of a person under 18, the court has the right to grant an annulment for someone who is older than 16 but younger than 18 if the marriage took place without the consent of the parents or without a court order. The following people can file a petition for an annulment: the next friend; a parent; or a managing conservator or guardian of the underage person.
For a next friend to file, it must be done within 90 days of the date of the marriage. There cannot be an underage annulment after the person has turned 18. There might be an annulment based on judicial discretion. The discretion will be based on a court without a jury considering the facts of the welfare of the parties who are in the marriage.
For people who are concerned about a loved one or a person under their care or protection who has gotten married under the age of 18 and would like to see about the possibility of annulment, it is essential to understand the divorce process from top to bottom, including an annulment. The end of a marriage can be complicated and difficult and this is particularly true when one or both parties are underage. Discussing a case with an attorney experienced in divorce legal issues can be helpful.