How do I know if my marriage is still able to be annulled? 20 Answers as of June 11, 2013

My wife and I married 5 months ago, and it is nothing that I thought it would be. How do I know if I can get this annulled? Is this still an option for me?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
In AL, a consummated marriage cannot be annulled. Stay well.
Answer Applies to: Alabama
Replied: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Annulment is something that is very limited. If you have been married 5 months and have decided, this is just not what I thought it would be, then annulment is not an option. Annulment is an option when one party enters the marriage based on a misrepresentation or intentional withholding of information from the other side, or there is a defect in the marriage itself - not a defect in that it is not what you wanted or thought, but a legal defect, did not wait the required 72 hours after marriage license was issued, was drunk at the time of the marriage (for that one, you have to leave as soon as you sober up), etc.
Answer Applies to: Texas
Replied: 5/2/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You can get your marriage annulled if you have not yet consummated the marriage. If you have, and you have discovered fraud on the part of your spouse and you have not consummated the marriage since the discovery of the fraud then you can still file for an annulment. Please contact me to discuss your options further.
Answer Applies to: Florida
Replied: 5/1/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
There are limited factors involved in getting the marriage annulled and it can be costly unless both parties agree to the annulment. A more cost efficient option is what is called a joint petition for summary dissolution. Since you were married less than 5 months ago, you may want to look into this option.
Answer Applies to: California
Replied: 5/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
An annulment is a narrowly tailored remedy under law. It requires that some necessary part of the marriage was not present at the time of marriage. THis most often occurs in cases of fraud or coercion. Not being satisfied with the marriage is not a basis for an annulment.
Answer Applies to: Minnesota
Replied: 4/29/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Generally, marriages cannot be annulled unless it was entered into on grounds of fraud or unsound mind. If you don't want to be married, file for divorce. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    "Cold feet" does not qualify as grounds for an annulment. If you were defrauded into entering the marriage via fraudulent representations by your spouse (a material representation, known by your spouse to be false, made to induce you to enter the marriage), you may be able to get an annulment, but in your petition, you should seek both an annulment and a dissolution of your marriage, so that if the Court denies the annulment, you can proceed to divorce your spouse at the same hearing.
    Answer Applies to: California
    Replied: 4/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You should try to review the provisions of Colorado Revised Statutes, Title 14, Article 10, Section 111. Colorado no longer has "annulment" and, instead uses the term Declaration of Invalidity. Some of the grounds must be presented within 6 months of discovery, some within 1 year, and some within 24 months. You don't say why you think an annulment is necessary, but you need to understand that it requires more than simply concluding that you made a mistake in getting married. The reasons a marriage can be declared invalid that fall under the 6 months from discovery rule are: (1) one person lacked capacity to consent (such as due to drugs or mental incapacity) (2) one party fraudulently misrepresented something significant, (3) one person was acting under duress, or (4) the parties entered into the marriage as a jest or dare. If you think any of those are the reasons you want out of the marriage, you need to consult an attorney immediately.
    Answer Applies to: Colorado
    Replied: 4/29/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It doesn't sound like it. It sounds like you would need a divorce. In order to gain an annulment you would have to prove that you either lacked capacity to consent to the marriage, that the marriage was prohibited, or that you were under aged at the time of the marriage or in the alternative that you never consummated the marriage. If none of this is true you do not have the grounds for annulment and would need to file for divorce. If you would like to discuss this more or explore the option of divorce, we do offer a 30 minute free consultation at this office. Feel free to contact us today.
    Answer Applies to: Illinois
    Replied: 4/29/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    it might be possible to get an annulment.

    Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.

    I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 4/29/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    It really depends on the specific facts of each case, hire a family law attorney to assist you.
    Answer Applies to: California
    Replied: 6/11/2013
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    There are certain circumstances or instances for which you can get an annulment in Utah. We offer free consultations. We will discuss those situations with you and see if it applies to you.
    Answer Applies to: Utah
    Replied: 4/29/2011
    Naziri Hanassab LLP
    Naziri Hanassab LLP | Vahid Naziri
    You can't get an annulment just because you changed your mind. There are 7 specific ways to get an annulment per the code and changing your mind is not one of them. You will have to file for a dissolution.
    Answer Applies to: California
    Replied: 4/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Marriages are not legally annulled in Washington. You are probably thinking of a declaration of invalidity. If you or or spouse lacked capacity when you were married (underage, overly drunk) you might have a case.You would still have to do everything you have to do in a divorce. Another basis if fraud. That is difficult to prove. Just because things are not what you expect is not a basis for "invalidity." Just file for divorce (dissolution of marriage) and move on. Good luck.
    Answer Applies to: Washington
    Replied: 4/29/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Probably not. To have a marriage annulled legally, you have to prove that one of you did not have the intent to marry at the time of the marriage. It looks like you came to the conclusion that you did not want to be married afterward.
    Answer Applies to: Connecticut
    Replied: 4/29/2011
    Christine D. Thielo
    Christine D. Thielo | Law Office of Christine D. Thielo
    An annulment {or "nullity of marriage" or "nullity of domestic partnership} is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" because: ** of force, fraud, or physical or mental incapacity; ** one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or ** one of the spouses or partners was already married or in a registered domestic partnership. Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge.
    Answer Applies to: California
    Replied: 4/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Based on the limited facts you've stated in your question (that you're now simply unhappy with the marriage and I'm assuming that you've been together since the date of marriage), then no. an annulment would not be proper. Keep in mind that to get an annulment, you need to attend a hearing to prove the facts that would justify a marriage, for instance, fraud, bigamy, etc. Get a divorce instead. California is a "no fault" state. Thus, it doesn't matter why you want to get divorced.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    An annulment requires very specific grounds. The most common are fraud or one of the spouses is still married to someone else. But the fact that it is not working out is generally not a basis for an annulment, and it would be more proper to file for divorce.
    Answer Applies to: California
    Replied: 4/29/2011
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