Is possible to get an anullment if I found out that my husband has a drug problem? 22 Answers as of June 02, 2013

We have been married less than 30 days. I have since learned of his heavy drug problem. Is it possible to get this annulled?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ruiz Law Group, P.C.
Ruiz Law Group, P.C. | Frances Ruiz
Yes it is possible.
Answer Applies to: New York
Replied: 6/2/2013
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Yes, it is possible. This doesn't meet the itemized requirements in Wisconsin, but there is a catch-all which would affect the fundamentals of the marriage.
Answer Applies to: Wisconsin
Replied: 11/9/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Yes, that is a basis for an annulment. I would still recommend to hire counsel. However, the Family Court does provide Self-Help Forms to assist you.
Answer Applies to: Nevada
Replied: 11/9/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Jacob T. Erickson
A drug problem is not grounds to annul your marriage. You may however file for a divorce.
Answer Applies to: Minnesota
Replied: 11/9/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Possible but difficult. First, as soon as you learn of the fraud (you would not have married him had you known, right????) you have to move out, ASAP. Remaining in the same home is acceptance of the fraud and you are forced into divorce.
Answer Applies to: Texas
Replied: 11/9/2011
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    Perhaps. It might fall under the heading of lack of mental capacity on your husband's part.
    Answer Applies to: Kansas
    Replied: 11/9/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    There is no actual statute addressing "annulment" in Washington state. Rather, the law addresses the validity of a marriage. In your situation, you may be able to argue that your marriage is "voidable" as one "[w]hen either party to a marriage [is] incapable of consenting [to the marriage] for want of legal age or a sufficient understanding, or when the consent of either party [is] obtained by force or fraud . The marriage may be found voidable only by the assertion of the party laboring under the disability or upon whom the force or fraud is imposed." You should consult with an experienced family law attorney on this issue.
    Answer Applies to: Washington
    Replied: 11/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on the scope of the drug problem and what state you are in and should be discussed in depth with a lawyer.
    Answer Applies to: Georgia
    Replied: 11/8/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    An annulment is a matrimonial action to declare a marriage as null and void. There are two classifications of marriages which may be subject to an annulment, void marriages, which are void at their inception (*void ad ignition*), and voidable marriages, which can be voided only by a court judgment. The grounds for an annulment are contained in Domestic Relations Law Sections 5, 6, and 7, with DRL 140 providing additional factors for some of the grounds. Unfortunately, there are no grounds where discovery of drug use can be used to annul the divorce. If you were married in New York, you should wait until 6 months after being married, and then claim no fault divorce grounds as it is probably the fastest way you can get a divorce in this case.
    Answer Applies to: New York
    Replied: 11/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Probably not. There is no such thing as an "annulment" in Washington. There are declarations of invalidity if you were drunk or frauded, etc. when you married. Just file a regular divorce.
    Answer Applies to: Washington
    Replied: 11/8/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    A marriage can only be annulled for the following reasons: F.C. 2210. Annulment, causes for 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.
    Answer Applies to: California
    Replied: 11/8/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    The California courts have ruled that there is not sufficient fraud to annul a marriage simply because a party concealed a severe drinking problem or drug addiction. Thus, you may have a hard time at a prove-up hearing (which is required) in obtaining a judgment of nullity. You could always plead in the alternative. Meaning, you could request a judgment of nullity, and if denied, proceed by dissolution so you don't have to re-file, and pay another filing fee. Best to consult with a local family law lawyer to discuss the particular facts of your case.
    Answer Applies to: California
    Replied: 11/8/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Not sure about anulment. May have to file for divorce. The cost and proceedure are the same.
    Answer Applies to: Michigan
    Replied: 11/8/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Let me begin by dispelling a misconception. A surprising number of people believe that you can get an annulment in Washington. You cannot. The legislature eliminated annulments in the early 1970's. Therefore, you have one of three choices only: 1. A dissolution of marriage. 2. A legal separation. 3. A declaration of invalidity. Of these things, the closed to an annulment is the declaration of invalidity. However, it has very limited application. There are only a few bases upon which the court will declare a marriage invalid. The most common are: a. Lack of parental or court consent for under age individuals. b. A prior un-dissolved marriage. c. Being too closely related. You cannot be any closer related that second cousins. d. Lack of mental ability to consent to the marriage - due either to mental defect or intoxication. e. Being forced to marry. If your situation falls into one of those categories, then, you can use the declaration of invalidity process. Otherwise, you are probably going to have to use the dissolution of marriage process (or the legal separation, which is practically the same thing). In your case, since your spouse just having a drug problem is not one of the approved reason, I'd say that your marriage is probably valid, and you need to go through the dissolution of marriage (divorce) process.
    Answer Applies to: Washington
    Replied: 11/8/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, it is possible.
    Answer Applies to: New Jersey
    Replied: 6/2/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    No, you would need to get a divorce.
    Answer Applies to: Georgia
    Replied: 11/8/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    It may be possible to file for an annulment if you were misled about his drug use prior to the marriage.
    Answer Applies to: Arizona
    Replied: 11/8/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney