Full question:
My daughter married when she was 17 years old without parental consent or court order. She is 18 now and lives in Texas. Can I now file a petition for annulment of marriage, which was solemnized at the age of 17?
- Category: Divorce
- Subcategory: Annulment
- Date:
- State: Texas
Answer:
In Texas, a parent cannot file a suit to annul their child's marriage after the child turns 18. According to Tex. Fam. Code § 6.102, annulments can be granted for marriages of individuals aged 16 or older but under 18 if they occurred without parental consent or a court order. A petition for annulment can be filed by:
- a next friend for the benefit of the underage party,
- a parent, or
- a judicially designated managing conservator or guardian.
However, if the individual has turned 18, a parent, managing conservator, or guardian cannot file for annulment as stated in Tex. Fam. Code § 6.103. Therefore, since your daughter is now 18, you cannot file a petition for annulment.
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.