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  1. #1
    Join Date
    Oct 2006
    Posts
    11

    Default Marriage Annullment in Texas

    My son and his wife will be married 30 days on August 5, 2007. They have split and he is interested in getting an annullment. I have read that they can get one if they did not wait the 72 hours after receiving the marriage license. They did not, they got married the same day the license was issued. He is not active military. I am not sure why a minister of a small chuch around the corner from the courthouse would marry them the same day the license was issued. Here are my questions: 1. Is the marriage even legal since they were married the same day they received the license? 2. Can he file for the annullment in the county he is living in or does he have to file in the county the marriage license was issued in?
    3. His 30 days is up this Sunday, do they extend the thirty days to the next business day, which would be next Monday or will he have to do this tomorrow, which is Friday? 4. Can he just go to the county clerks office and file this himself or does he need to hire any attorney? Thanks for any help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage Annullment in Texas

    Quote Quoting Texas Family Code 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.
    Unless and until a Texas family lawyer advises you differently, I suggest regarding that as 30 calendar days and getting something filed today. If he can figure out what to file and how to file it, there's no reason he cannot do this himself.

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