how can I receive an annulment of a marriage by proxy
Question Details: we got married while he was in jail. where he is currently
take a look at the following website:
My general answer although not admitted in TX is that is seems you will need to divorce not annul this marriage. Although I still would advise you to contact a lawyer to ensure you don't fall under any of the possible reasons for annulment such as fraud or duress. Make a phone call to a lawyer who specializes in divorce. Explain the situation and they will give you an answer as to how best to proceed. Good luck
I'm not a Texas lawyer, but my research suggests that you can't get an annulment, and you'll have to file for divorce if you want to end your marriage.
Like most states, Texas favors divorce over annulment. Annulment is reserved marriages that are either void, meaning completely illegal, such as when one person is still married to someone else or the couple is incestuous, or voidable, for something like fraud (they led you to believe they were heterosexual, but they're not), duress ("shotgun wedding") or a few other reasons, none of which fit your case.
You can receive an annulment in Texas for a marriage by proxy the same way that you would obtain one for any marriage.
Under Texas annulment laws, following are the void grounds (marriage automatically invalid) under which you can file:
- Related by blood
Under Texas annulment laws, the following are the voidable grounds under which you can file:
- Marriage Under the Age of 14
- Marriage Under the Age of 18
- Under Influence of Alcohol or Drugs
- Marriage never consumated
- Fraud & Duress
You didn't specify why you want to get your marriage annulled. Since your husband's incarcerated, unless the institution where he's serving his time allows for conjugal visits, then the marriage has not been consummated and that would be a ground to grant an annulment. If that is not the case and there are no other grounds that fit your situation, then you would have to file for a divorce.
Since I'm not licensed in your state you should confirm all of this with an attorney in your area.