QUESTION

What are the procedures on getting an annulment under six months?

Asked on Nov 02nd, 2012 on Divorce - Colorado
More details to this question:
Spouse has been cheating on several occasions that I know of and confronted him on it.
Report Abuse

4 ANSWERS

Divorce for Men Attorney serving Nutley, NJ at The Micklin Law Group, LLC
Update Your Profile
There is no set time frame for obtaining an annulment. N.J.S.A. 2A:34-1 provides the following grounds for annulment: a. Either of the parties has another wife or husband living at the time of a second or other marriage; b. The parties are within the degrees prohibited by law. If any such marriage shall not have been annulled during the lifetime of the parties the validity thereof shall not be inquired into after the death of either party. c. The parties, or either of them, were at the time of marriage physically and incurably impotent, provided the party making the application shall have been ignorant of such impotency or incapability at the time of the marriage, and has not subsequently ratified the marriage. d. The parties, or either of them, lacked capacity to marry due to want of understanding because of mental condition, or the influence of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the marital relationship; duress; or fraud as to the essentials of marriage; and has not subsequently ratified the marriage. e. The demand for such a judgment is by the wife or husband who was under the age of 18 years at the time of the marriage, unless such marriage be confirmed by her or him after arriving at such age. f. Allowable under the general equity jurisdiction of the Superior Court. Annulments, however, are difficult to obtain and are rare. It is established only when there is proof of extreme nature going to one of the essentials of marriage. A textbook example is when one of the parties to the marriage subsequently discloses intention never to have children after there is an implied promise to have children. Another example is when it is later discovered that one of the parties entered into the marriage solely for the purpose of securing permanent residence in the country. You should file a complaint for annulment and seek divorce as an alternative form of relief.
Answered on Nov 06th, 2012 at 9:57 PM

Report Abuse
Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
That is not the basis for an annulment; you have to file for divorce.
Answered on Nov 06th, 2012 at 8:02 AM

Report Abuse
Family Law Attorney serving Chandler, AZ
2 Awards
The length of the marriage has nothing to do with whether you can seek an annulment. A marriage can only be annulled if there was a legal flaw at the time the marriage was entered into. If the marriage was validly entered into, and then a change in circumstances causes you to no longer want to be married, then you would have to seek a divorce, not an annulment. Since Arizona is a no-fault state, the reason for the divorce (e.g. infidelity) is irrelevant.
Answered on Nov 05th, 2012 at 10:35 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
Cheating is not a ground for annulment (in Colorado it is called a declaration of invalidity because "cheating" during the marriage has nothing to do with whether the marriage was not legally valid at the time of the marriage.
Answered on Nov 05th, 2012 at 10:29 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters