A question from a reader: Please explain how and references. Thanks!
Well dont know if u can do it there.But i know that u can in Texas.
you need to talk with your lawyer if you have one but anyone can get a annulment in any state try talking with a free lawyer if you cant afford one
There are specific guidelines for annulling a marriage. If you and your wife cohabited and consummated your marriage, it is unlikely. Here is a portion of the Family Code:
2210. A marriage is voidable and may be adjudged a nullity if any
of the following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife.
(b) The husband or wife of either party was living and the
marriage with that husband or wife was then in force and that husband
or wife (1) was absent and not known to the party commencing the
proceeding to be living for a period of five successive years
immediately preceding the subsequent marriage for which the judgment
of nullity is sought or (2) was generally reputed or believed by the
party commencing the proceeding to be dead at the time the subsequent
marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife.
(f) Either party was, at the time of marriage, physically
incapable of entering into the marriage state, and that incapacity
continues, and appears to be incurable.
If you want to research it further, go to the following site:
Most Court’s have Family Court Facilitors that will assist you with filliong out paperwork. They could probably tell you if you can file for nullity.
annulment is not based on length of marriage. you must go to court and prove reasons. meaning, you have to have certain grounds. for ex. person was already married, person was underage, person was forced, mentally unstable, or you can try fraud but usually that has to have something to do with they lied to you about something very serious like wanting to have kids or being gay or something to do with procreation. most people chose to just do a simple summary dissolution and save themselves the embarassment and trouble of having to go to court and prove reasons. but if you get it, its like the marriage never existed. good luck!
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