QUESTION
Can an unconsummated marriage be grounds for annulment if husband is in prison?
Asked on Dec 26th, 2012 on Divorce - Florida
More details to this question:
Husband and wife married in prison 9 months ago. Husband wants annulment. Husband still in prison can he get it on grounds of unconsummated marriage when they both knew at the time of marriage would not be able to consummate until he has released.
10 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Consummation of a marriage has nothing to do with its validity. An annulment is usually requested when there is an impediment to the marriage, Such as, one party was a minor, one party was forced to proceed with the marriage ceremony, One party was already married to somebody else at the same time that they got married to you, etc.
Answered on Jan 04th, 2013 at 12:06 PM
An unconsumated marriage could be viewed as grounds for an annulment. Only the court can determine if they would view that to be so. A combination Compalint for Annulment, In The Alterative for Divorce, would be the best way to proceed in this matter, avoiding a two fiing fee result.
Answered on Jan 04th, 2013 at 12:06 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The real question is whether the lack of consummation was due to incapacity to do so, which was not known to the other spouse. Why bother with an annulment when a divorce can be had for about the same expenditure of time and money? It does not seem that in this short period either of you could have accumulated much marital debt or property. It would be best to consult an experienced family lawyer. Good Luck.
Answered on Jan 04th, 2013 at 8:08 AM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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No, the principal grounds for an annulment is fraud and even this is relatively uncommon.
Answered on Jan 04th, 2013 at 7:41 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer is "probably yes", but if he files a court action (Colorado uses the term "declaration of invalidity", not annulment) you should consult an attorney for a better evaluation of your options.
Answered on Jan 04th, 2013 at 7:07 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, he doesn't need "grounds" to divorce you. It's a no fault state.
Answered on Jan 04th, 2013 at 7:06 AM
Michael Paul Vollandt
I think he can do so. If not, he can still fill his dissolution of marriage and it is ended that way too.
Answered on Jan 04th, 2013 at 6:57 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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I am not positive and would have to do some research on this precise issue, but I think this is possible. There might be a valid defense to an annulment because both parties knew that there could not be a consummation of the marriage. It would probably be easier to get an uncontested divorce.
Answered on Jan 04th, 2013 at 6:54 AM
There are very specific rules on annulment in this State. It does not sound like you have the grounds, however, depending on the Judge and the County, you may be able to get one based on those reasons. Meet with an attorney.
Answered on Jan 04th, 2013 at 5:21 AM
If your husband is in prison and wants to get an annulment based upon an unconsummated marriage, I fail to see the problem?
Answered on Jan 04th, 2013 at 5:20 AM