QUESTION

Should I get an annulment or a divorce?

Asked on Mar 18th, 2013 on Divorce - Florida
More details to this question:
I have been married since August 2012. My husband is an alcoholic and addicted to Zanex bars. We have a 3 month old baby. A little over a month ago my husband wrecked our car and ended up in the ICU due to alcohol and Zanex. What is better to do in my situation? He will not seek help to get over his addiction.
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7 ANSWERS

It would be easier to get a divorce. It is complicated to obtain an annulment, especially if you have child together. In either situation father can file for legal decisions making (custody) and parenting time. I would consult with an attorney regarding this issue.
Answered on Mar 19th, 2013 at 1:18 PM

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Annulments are granted on only a limited number of grounds, short duration of marriage is not one of them. You should consult a family law attorney to review all of the facts and help you determine the best course of action.
Answered on Mar 18th, 2013 at 10:16 PM

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The Court probably won't grant an annulment since you have a child together. Also, were you aware of his drug and alcohol issues before you were married? As for your rights going forward
Answered on Mar 18th, 2013 at 3:18 PM

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John Arthur Smitten
You do not qualify for anullment so file for divorce.
Answered on Mar 18th, 2013 at 3:17 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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Your message doesn't state the reason you believe you are entitled to an annulment. In California, you are only able to annul your marriage for specific reasons. The fact that someone is an addict is not in an of itself reason for the court to grant an annulment. In most instances, divorce is the appropriate way to end the marriage. Consulting an attorney is important if you wish to look into annulment as an option, to determine if you have the grounds for seeking one.
Answered on Mar 18th, 2013 at 3:17 PM

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Family Law Attorney serving Chandler, AZ
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From the information you described, it does not sound as though you have legal grounds to obtain an annulment. I recommend you consult with an attorney to discuss the divorce process.
Answered on Mar 18th, 2013 at 3:17 PM

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You probably don't qualify for an annulment. File for divorce and for a hearing on child custody child support and maybe alimony if he earns more than you. The court should consider his addiction when dealing with custody
Answered on Mar 18th, 2013 at 3:17 PM

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