Texas Codes

Tex. Fam. Code § 6.102 (2026)

Annulment Of Marriage Of Person Under Age 18

✓ current as of May 2026

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Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18. (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.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.16, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 3, eff. September 1, 2007.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2004–2023 · leading case: Jenkins-Dyer v. Exxon Mobil Corp., 651 F. App'x 810 (10th Cir. 2016).

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Jenkins-Dyer v. Exxon Mobil Corp., 651 F. App'x 810 (10th Cir. 2016). “A Texas court may grant an annulment of a marriage to a person: (1) between sixteen and eighteen years who married without parental consent or without a court order, Tex. Fam. Code Ann. § 6.102 ; (2) who was under the influence of alcohol or drugs at the time of the marriage…”

Jawed Manjlai v. Nabila Hamid Manjlai, 447 S.W.3d 376 (Tex. App. 2014). “See Tex. Family Code Ann. § 6.001 , et seq. (West 2014).”

Kingery v. Hintz, 124 S.W.3d 875 (Tex. App. 2004). “Tex. Fam.Code Ann. § 6.102 (emphasis added).”

Creel v. Martinez, 176 S.W.3d 516 (Tex. App. 2005). · cites it 2× “See Tex. Fam.Code Ann. § 6.102 (Vernon 1998) (providing grounds for annulling marriage of a person between the ages of 14 and 18); Tex.”

Juanita Matilde Martinez v. Haas-Anderson Constr., Ltd., HAC Equip., Ltd., Haas-Anderson Mgmt., L.C. & Eleno Cardona Jr. (Tex. App. 2021). “Law 2707, 2719 (amended 1997) (current version at TEX. FAM. CODE ANN. §§ 6.102–.104). Accordingly, Haas-Anderson Construction argued that appellant could not void her prior marriage thirty-eight years after it occurred on grounds that she was underage.”

Juanita Matilde Martinez v. Haas-Anderson Constr., Ltd., HAC Equip., Ltd., Haas-Anderson Mgmt., L.C. & Eleno Cardona Jr. (Tex. App. 2022). “Law 2707, 2719 (amended 1997) (current version at TEX. FAM. CODE ANN. §§ 6.102–.104). Accordingly, Haas-Anderson Construction argued that appellant could not void her prior marriage thirty-eight years after it occurred on grounds that she was underage.”

Anna Marie Herzfeld Allebach v. Julie Elizabeth Schmidt Gollub (Tex. App. 2023). “See Tex. Fam. Code §§ 6.102–.110. To challenge a voidable marriage, a party must bring a suit for annulment.”

Jawed Manjlai v. Nabila Hamid Manjlai (Tex. App. 2014). “8 See Tex. Family Code Ann. § 6.102 , et seq. (West 2014).”

— Tex. Fam. Code § 6.102(a) — 1 case

Creel v. Martinez, 176 S.W.3d 516 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 6.102 (Vernon 1998) (providing grounds for annulling marriage of a person between the ages of 14 and 18); Tex.”

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