Since my husband married me under fraudulent pretenses, could I still get an annulment? 13 Answers as of February 07, 2013

My husband and I have only been married about 5 months. I recently found out that he lied about having a terminal illness to force me into the marriage faster. We've separated and live apart now. However, I am four months pregnant with his child. He has a abandoned me completely and I just want to get out of this marriage as soon as I can for the child's sake.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Under the facts you presented, you would have some basis to file for an annulment. However, if your goal is to get out of the marriage as soon as you can, then it may actually be faster to file for a no-fault divorce. If you file for an annulment, and he does not consent to it, then you would have to prove the basis to the annulment in trial. If you filed for a no-fault divorce, you would not have to prove anything to obtain the divorce on the no-fault grounds.
Answer Applies to: New York
Replied: 2/7/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
You could try for an annulment based on fraud and request a divorce in the alternative. Unfortunately you'll still have to deal with child custody through the courts after the baby is born.
Answer Applies to: California
Replied: 2/1/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
You can get an annulment in the State of Nevada based upon fraud; however the standard of proof is very high. NRS 125.340(1) provides that, "[i]f the consent of either party was obtained by fraud and fraud has been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority." Fraud must be proven by clear and convincing evidence.
Answer Applies to: Nevada
Replied: 2/1/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It is possible, although not particularly probable, that you might be a will to qualify for an annulment. Additionally, when you have a child, he will have a rental rights and responsibilities as well. It is extremely doubtful that you will be able to, over his objection, rid him from the rest of your life.
Answer Applies to: Michigan
Replied: 2/1/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If you can prove the fraud, yes, you can ask for an annulment.
Answer Applies to: California
Replied: 2/1/2013
    The Law Office of Michael Koch, PA | Michael Koch
    That is a tragic story. Please contact an attorney in your area that practices family law. In short an annulment may be available depending upon circumstances that you have failed to disclose. Good luck.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Henry Lebensbaum | Henry Lebensbaum
    You could try, but I am not sure why you would not file for a divorce.
    Answer Applies to: Massachusetts
    Replied: 1/31/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You should be able to obtain an annulment based upon a fraudulent misrepresentation, but you must act quickly because there are some time deadlines. Because there will issues concerning parenting of your unborn child you should consult a lawyer as soon as possible to be sure things are handled properly.
    Answer Applies to: Colorado
    Replied: 1/31/2013
    Cook, Skeen & Robinson, LLC
    Cook, Skeen & Robinson, LLC | Shawn H. Robinson
    Fraud is a legal basis for an annulment in Utah. Lying about his health is also a legal basis for an annulment in Utah.
    Answer Applies to: Utah
    Replied: 1/31/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    Fraud is the basis for an annulment. Please note that while the marriage may be annulled, the court will still have to address the child issues. Important to speak with an attorney as you "may" find it more expensive to get an annulment than a divorce.
    Answer Applies to: New York
    Replied: 1/31/2013
    Carey and Leisure | John Smitten
    This could be a grounds for annullment, if there was fraud.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It is possible that his lie may be the basis for an annulment. You might still get him to pay child support since he is the father. Although in the great scheme of things, getting a divorce might be easier.
    Answer Applies to: Idaho
    Replied: 1/31/2013
    The Law office of Karla M Mansur
    The Law office of Karla M Mansur | Karla Mansur
    It sounds like you have grounds for annulment. You will need to prove the fraud though, and that can sometimes be difficult to do. So before you decide how you want to proceed look to see if you have any evidence of this fraud because if you don't it sometimes easier and faster to file a regular divorce action. You should really consult with a family attorney who can go over our specific circumstances and develop a strategy to get you out of your marriage.
    Answer Applies to: Massachusetts
    Replied: 1/31/2013
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