Do I need an annulment or a divorce after 2 months of marriage? 8 Answers as of May 22, 2013

Me and my husband have been married for only 2 months but we have been together for 9 years. Can I get an annaulment or do I need a divorce??

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Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
To start an annulment case, you have to fill out the same forms as with a divorce or legal separation. Just make sure you check the boxes that apply to annulments (nullity). It is very important that you check the correct box for the basis of your request to get an annulment. Proving the reason why you think your marriage or domestic partner is not valid can be very difficult, and you should be clear on the requirements for proving whatever reason you are basing your case on. Talk to a lawyer to make sure you qualify for a nulity. A marriage is NEVER legally valid when it is: Incestuous: when the people who are married or in a registered domestic partnership are close blood relatives; or Bigamous: where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else. Other marriages and partnerships can be declared invalid because of: Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership. Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead. Unsound mind: either party was of unsound mind or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it. Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children. Force: either party consented to getting married or filing a domestic partnership as a result of force. Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was physically incapacitated (basically, it means that 1 of the spouses or partners was physically incapable of consummating the relationship) and the incapacity continues and appears to be incurable. These are short explanations of the reasons for an annulment. Each of these reasons has important details you have to prove to get a court to give you an annulment. To get an annulment, you must be able to prove to the judge that 1 of these reasons is true in your case. This makes an annulment case very different from a divorce or a legal separation. For example, irreconcilable differences are not a reason for getting an annulment. Getting an annulment does not depend on how long you have been married or in a domestic partnership. Even if you have been married/in a partnership only a very short time, you may not be able to prove to the judge that your case has 1 of the legal reasons that makes your marriage/partnership invalid. Proving that there is a legally valid reason to get an annulment can be very difficult. Talk to a lawyer for help understanding exactly what you need to show to a judge before he or she will agree to give you an annulment. Also, keep in mind that if you ask for an nulity only but the court does not find there is a valid reason for a nulity you will have to file a brand-new case asking for a divorce. One way to avoid this is to check thel nullity box AND also check the dissolution (divorce) box and write in the alternative near the divorce box. That way, if the court finds that you did not prove a valid reason for an annulment, you can still move forward with a divorce under the same case.
Answer Applies to: California
Replied: 9/4/2012
Law Offices of Frances Headley | Frances Headley
You are probably not eligible for an annulment given the amount of time you have been together. There are specific grounds including bigamy, incest and incapacity for annulment. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 9/3/2012
Danville Law Group | Scott Jordan
You can obtain what is called a "Quick Divorce". Call your local court, family division, and ask for assistance.
Answer Applies to: California
Replied: 9/3/2012
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Just because a person wants out of a marriage a couple of months after the wedding does not serve as grounds to support an annulment. There are specific legal grounds to support a judgment of nullity (annulment), short length of marriage NOT being one of them. Thus, if being married only two month is the only reason you provide as grounds for an annulment, such request would be denied. If you want to look up all the various grounds supporting an annulment, do a Google search. There are many websites that explain all the details.
Answer Applies to: California
Replied: 9/3/2012
Steven Alpers | Steven Alpers
Annulment is only for fraud or bigamy. You should consider summary dissolution.
Answer Applies to: California
Replied: 9/3/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You can 'ask' the Court for an annulment. If the Court says no, then you will get a divorce. Have you and your wife thought about Mediation? Mediation is a Fast, Effective and Affordable way to get an annulment or a divorce. Check it out and make your own decision. Good Luck.
    Answer Applies to: Florida
    Replied: 9/3/2012
    Peyton and Associates | Barbara Peyton
    Yes.
    Answer Applies to: California
    Replied: 5/22/2013
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    An annulment requires very specific things, such as bigamy or incest, or some type of fraud that induced the marriage. If you don't qualify for an annulment, then you proceed with a divorce. Since your marriage has been so short, you may be able to do what is called a Summary Dissolution, which is a simplified divorce process for marriages under five years for people who meet certain requirements.
    Answer Applies to: California
    Replied: 9/3/2012
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