Can an annulment happen in Texas if?

If the party was drunk and does not remember getting married can the marriage be annulled? I have a friend that has been separated from they're ex for over 4 years now and was not aware that when they were together they got married when she was completely drunk. My friend does not remember anything about it and has never seen the marriage license or rings till just a day or two ago. He has kept it a secret her for all this time and now she feels trapped. I was wondering if it was to late to get it annulled and she will have to go through a full divorce which she does not want to do. Also they have a kid together and the fact that they were married was never brought up in the custody battle by the lawyers, judge or him.

Dallas, TX -

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Attorney Answers (1)

M Elizabeth Gunn

M Elizabeth Gunn

Criminal Defense Attorney - Galveston, TX

That's an interesting scenario from a legal standpoint. Intoxication can be grounds for an annulment, if the intoxicated person, once she sobered up, stopped living with the other spouse immediately. Under these circumstances, it sounds like she stopped living with him for other reasons, and it's not clear when it why that happened, but I suppose the whole custody suit would be pretty good evidence that she really didn't know they were married until now. I think it's certainly worth your friend consulting a local family law attorney to talk about the possibility of an annulment, or a divorce if it's decided that an annulment wouldn't work for some reason.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Getting an Annulment

Under certain conditions, a marriage may be annulled. An annulment retroactively makes it as if the marriage never existed.

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