Full question:
My daughter is 17 years old and lives in Texas. She married her boyfriend last week without any court order or parental consent. Is there any provision in Texas law that annuls such marriages?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: Texas
Answer:
In Texas, the court may annul marriages of persons under 18 years of age, if it occurred without parental consent or a court order. However, annulment of underage marriage is at the discretion of the court. While exercising its discretion, the court shall consider the pertinent facts concerning the welfare of the parties to the marriage and also whether the female is pregnant. Thus, the court may or may not grant annulment considering the circumstances of the case and wellbeing of the parties to the marriage. Annulment of a marriage of a person under 18 years but not below 16 years is provided under Tex. Fam. Code § 6.102. It reads as:“(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.”
Discretion of court in the annulment of underage marriage is provided under Tex. Fam. Code § 6.104. It reads as follows:
“(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.”
(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.”
Discretion of court in the annulment of underage marriage is provided under Tex. Fam. Code § 6.104. It reads as follows:
“(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.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
