How do I get a marriage annulment? 13 Answers as of May 13, 2015

Despite multiple objections from family members, my wife and I got married October of 2012. In the months leading up to our marriage, she was lying about her age and had showed me a fake ID stating her age as 20 years old. I now discovered that she was only 17 years old at the time and I am now seeking a marriage annulment based on my parents' recommendation. What is the basis for a marriage annulment?

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Fraud by the other party to the marriage
Answer Applies to: Georgia
Replied: 5/13/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Since its 3 years later its harder to get an annulment.. but a divorce is easy in Michigan
Answer Applies to: Michigan
Replied: 5/12/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First things first: retain an experienced family law attorney. The grounds for annulment in Wisconsin are: lack of capacity to consent to the marriage (e.g. mental infirmity, age, influence of substances, fraud or duress, or by fraud as to the essentials of marriage) incapacity to have sexual intercourse, and the other party did not know of the incapacity at the time of the marriage a party was 16 or 17 years of age and did not have the consent of parent, guardian, or courtbut the action must be brought within one year of obtaining knowledge of the marriage. And the party bringing the action should be a parent of the 16 or 17 year old. Since you have been married for 3 years or so, a court will naturally suspect that you want the annulment in order to avoid the property division in a divorce.
Answer Applies to: Wisconsin
Replied: 5/12/2015
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
Whether a person should obtain a dissolution of the marriage or an annulment of the marriage is best discussed with an attorney. Fraud can be a basis for an annulment.
Answer Applies to: Connecticut
Replied: 5/12/2015
Law Office of Martin A. Kahan | Martin A. Kahan
The basis is fraud or misrepresentation of a material fact. ?It appears that you can proceed based upon her age which was not disclosed prior to the marriage.
Answer Applies to: California
Replied: 5/12/2015
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    Annulment is very limited in Texas. You can read the Texas Family Code for grounds. If you learned she lied and did not leave immediately then you have waived that option. You might just need a divorce.
    Answer Applies to: Texas
    Replied: 5/12/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Fraud in the inducement to marry is the basis of annulment. That this happened three years ago may be a problem for you. When did you learn of it?
    Answer Applies to: New York
    Replied: 5/12/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, it appears the marriage was based on fraud. You are welcome to call and engage Musilli Brennan Associates PLLC to potentially represent you.
    Answer Applies to: Michigan
    Replied: 5/12/2015
    John Russo | John Russo
    R.I. does not use the term annulment per se , it is marriage is voidable or void by operation of Law. Rather then going into all of the possible ways to void the marriage I will answer your fact pattern. If she actually lied about her age, and was still able to obtain a marriage license then the marriage is void by operation of law since she was minor at the time and could not legally marry ON HER OWN. Minor?s under 18 but between the ages of 16 and 17 can still marry with parents or other legal guardians consent. If she had legal consent you may be hard pressed to prove you were not aware.
    Answer Applies to: Rhode Island
    Replied: 5/12/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Have been married in 2012, it may be very difficult to get an annulment. I suggest you settle for a divorce and move on with your life. Good luck.
    Answer Applies to: Florida
    Replied: 5/11/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the marriage was invalid, or the product of fraud, that would be the basis for an annulment. But you would have to prove that she showed you a fake id; that may be very difficult to do - it can't be just your word against hers. There may be a lot of other relevant facts that you are not disclosing; you should have an in person detailed consultation with an experienced family law attorney who can advise you as to your best course of action after you give them all of the relevant facts.
    Answer Applies to: Georgia
    Replied: 5/11/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    A void marriage. http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=6.&title=&part=2.&chapter=1.&article= A voidable marriage. http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=6.&title=&part=2.&chapter=2.&article= Her minority was a basis for annulment "after attaining the age of consent, [you] for any time freely cohabited with the other as [your] spouse." You presumably freely cohabited and thus cannot get an annulment. The financial rights and obligations of parties in an annulment are usually substantively identical with those in a divorce. You need a better reason than this to trash your marriage.
    Answer Applies to: California
    Replied: 5/11/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You have no basis for an annulment. You can get divorced.
    Answer Applies to: Washington
    Replied: 5/11/2015
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