My son and his wife have been married less than 30 days. They have broken up and he wants to get an annullment. I have read online that the marriage can be annulled if they have been married less than 30 days and they did not wait the 72 hour waiting period after getting the marriage license. They did not, they were married the same day as the license was issued. Can my son go down to the county clerk's office and file for the annullment himself? They got married in one county but he lives in another (she went back to her mothers in the county they were married in). Can he file for the annullment in the county he is living in or does he have to file in the county he got married in? His thirty days is up this Sunday, I don't know if that gives him until Monday on his deadline or not, so if anyone knows this also, it would be very helpful. Thanks for any input.
2007-08-02 15:24:22 · 4 answers · asked by Birdlegs 5 in Family & Relationships ➔ Marriage & Divorce
I know this is last minute but they just split for the last time (there have been a couple splits in the short month they have been married) today.
2007-08-02 16:06:53 · update #1
The county they, or one of them, lives in is the county to file in, just like a divorce. I'd suggest he do it in his home county--if he thinks she's going to fight it, why make it easier on her?
He has to file a petition, most likely, with the District Court. That's the court in Texas that handles family law matters. Some smaller counties let the county court-at-law take such cases. A phone call to the district clerk or county clerk will answer that question.
I don't know about the thirty day period, but, *usually* (underline and capitalize *usually*), when a period of time ends on a Sunday, the deadline is extended to the following Monday. But I wouldn't assume that's true and wait around until Monday.
Do I need to say, he should have called a lawyer days ago?
2007-08-02 16:01:26 · answer #1 · answered by grizzie 7 · 0⤊ 0⤋
I am not sure if he has to go to the county where he was married.
However, they may not be married at all. Here is the thinking.
The marriage license is not valid for 72 hours. To marry you need a valid marriage license. Since they did not have a valid marriage license then the marriage may not be valid.
I am surprised the someone agreed to marry them.
He needs to go to court tomorrow and check on what I am writing and if he is actually married, to file for anulment. I dont think he will have until Moday. But even if he had, does he want to risk it?
Good Luck.
2007-08-02 15:30:57 · answer #2 · answered by Dimitar A 4 · 0⤊ 0⤋
all laws change from time to time..
u need to ck today w/ a attorney and fast, before ur time runs out...
I do think the new law states... in some language... if there has been no sex ... if she is pg.. they can not get an annullment in Texas... the baby has to have a name... and child support has to be set up....ftwhtx....
2007-08-02 16:18:19 · answer #3 · answered by ♥ Blondie ♥ 7 · 0⤊ 0⤋
usually you have to go to coumty you were married in, the county court house
2007-08-02 15:36:13 · answer #4 · answered by ED C 2 · 0⤊ 0⤋