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, a court can annul a marriage of someone under 18 if it occurred without parental consent or a court order. However, the decision to grant an annulment is at the court's discretion. When deciding, the court will consider the welfare of the parties involved and whether the female is pregnant.
According to Tex. Fam. Code § 6.102, a court may grant an annulment for a person aged 16 or older but under 18. The annulment petition can be filed by:
- a next friend for the underage party,
- a parent, or
- the designated guardian of the underage party.
Note that a petition filed by a next friend must be done within ninety days after the marriage.
Additionally, Tex. Fam. Code § 6.104 states that the court has discretion in granting annulments. The court will consider relevant facts regarding the parties' welfare, including any pregnancy.
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.