My husband's prior marriage was dissolved only 10 days before our marriage. Can I annul our marriage?

Full question:

I live in Texas and got married last week. I did not know that, the prior marriage of my husband was dissolved only 10 days before our marriage. Can I annul the marriage as my husband did not reveal about the divorce to me?

• Category: Divorce
• Subcategory: Annulment
• Date: 04/07/2025
• State: Texas

Answer:

In Texas, the court may grant an annulment of a marriage on the ground of concealed divorce. For this, the spouse should have been divorced from a third party within the 30-day period preceding the date of the marriage ceremony, there was no way that you could have known about spouse’s divorce, and you quit living with your spouse right after you found out about the divorce. But, you can't get an annulment on these grounds after your first wedding anniversary. 

Tex. Fam. Code § 6.109 states about the concealed Divorce. This reads as follows:
 

 “(a) The court may grant an annulment of a marriage to a party to the marriage if:
     (1) the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony;
     (2) at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce; and
     (3) since the petitioner discovered or a reasonably prudent person would have discovered the fact of the divorce, the petitioner has not voluntarily cohabited with the other party.
(b) A suit may not be brought under this section after the first anniversary of the date of the marriage.”