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 suit to annul the marriage of a minor may not be filed by a parent after the 18th birthday of the child. 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.”
However, an annulment may not be brought on behalf of the underage, if the person turned 18. This is provided under Tex. Fam. Code § 6.103. It reads as:(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.”
“A suit to annul a marriage may not be filed under Section 6.102 by a parent, managing conservator, or guardian of a person after the 18th birthday of the person.”
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.
