pjc-family-2024-lib

D ISSOLUTION OF M ARRIAGE

PJC 201.2

PJC 201.2 Annulment A marriage may be annulled if at the time of the marriage the party seeking the annulment was under the influence of alcoholic beverages or narcotics and as a result did not have the capacity to consent to the marriage and that party has not voluntarily cohabited with the other party to the marriage since the effects of the alcoholic beverages or narcotics ended . QUESTION 1 Do grounds exist for annulment of the marriage? Answer “Yes” or “No.” Answer: _______________ COMMENT Source. The foregoing submission is based on Tex. Fam. Code §§ 6.105–.110. Rewording for other grounds. The instruction given above as an example is based on Tex. Fam. Code §6.105. If appropriate, an instruction based on Tex. Fam. Code §§6.106–.110 should be substituted for or given in addition to that instruction. (Annulments sought under Tex. Fam. Code §6.102 on the ground that a party was underage are not subject to jury trial. Tex. Fam. Code §§ 6.104(a), 6.703.) Alternative cause of action for divorce. If divorce is pleaded as an alternative to annulment, PJC 201.1 (divorce) should be submitted conditioned on a “No” answer to Question 1 above. Proceeding after death of a spouse. The standards of Tex. Fam. Code § 6.108(a) apply if a proceeding to void a marriage based on lack of mental capacity is pending on a spouse’s death. Tex. Est. Code § 123.101. If such a proceeding is not pending on the spouse’s death, the standards of Tex. Est. Code § 123.103 apply. In such a case, the instruction should be reworded accordingly.

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