Can I file for an annulment based on fraud or cruelty?

I am a Utah divorce and family law attorney, and so my comments will relate to Utah law. The Utah Code, Section 30-1-17.1, governs annulment: Annulment Grounds for. A marriage may be annulled for any of the following causes existing at the time of the marriage: (1) When the marriage is prohibited or void under Title 30, Chapter 1. (2) Upon grounds existing at common law. I won't keep you in suspense a moment longer regarding your question about whether fornicating before marriage with another person constitutes a basis for annulment: 64 A.L.R.2d 742 - Concealed premarital unchastity or parenthood as ground of divorce or annulment ? 2. General rule and applications Apart from the questions of pregnancy at the time of marriage and extraordinary circumstances or fraud which the record may show was an inducement to consent to the marriage contract, it is a general rule that premarital unchastity or the bearing of a child out of wedlock, although concealed by one of the parties contracting a marriage, will not afford a ground for divorce or annulment, absent statutory basis in that regard, or amount to fraud which will have that effect. American Jurisprudence, Second Edition (Database updated November 2013) Annulment of Marriage, Thomas Muskus, J.D. ? 13. Premarital unchastity As a general rule, a marriage will not be annulled by one of the parties on the basis of one of the parties' chastity prior to the marriage, especially where such premarital sexual activity does not result in pregnancy at the time of the marriage. Similarly, prenuptial unchastity of a husband, although concealed from his wife at the time of marriage, is not ground for annulment. Observation: It has been stated that the rule denying annulment for unchastity recognizes no difference in de-gree of unchasteness or promiscuity, whether it is for hire or not.[4] ? 14. Prenuptial pregnancy or parenthood As a general rule, pregnancy before marriage, concealed from the husband, who has not had sexual relations with the wife previous to the marriage, is considered a fraud which is a sufficient ground for the annulment of the marriage. Clearly, a man cannot have a marriage annulled because his wife is pregnant by him at the time of the marriage. The fact that a woman falsely represented, before her marriage to the plaintiff, that her minor daughter was the child of a former marriage, is insufficient to support an annulment. Also, the failure of a husband, prior to his marriage, to disclose that he had had an illegitimate child by another woman is in itself insufficient to show fraud necessary to warrant annulment of the marriage. Grounds (from http://legal-dictionary.thefreedictionary.com/annulment) State law governs the grounds for annulling a voidable marriage. Couples should not be obligated by the serious duties incident to marriage if both parties did not genuinely intend to be married. Fraud is the most prevalent ground for annulment. The Misrepresentation, whether by lies or concealment of the truth, must encompass something directly pertinent to the marriage, such as religion, children, or sex, which society considers the foundation of a marital relationship. Physical or emotional conditions may also be grounds for annulment, particularly when they interfere with sexual relations or procreation. Other health conditions providing grounds for annulment include alcoholism, incurable insanity, and epilepsy. The mere existence of one of these conditions is a sufficient ground for an annulment in some states, whereas in others, an annulment may be obtained for fraud if such a condition was concealed. Courts may also annul marriages that involved lack of consent, mistake, or duress. Lack of consent might arise if one party were senile, drunk, underage, or suffering from serious mental illness, or if there was no genuine intent to marry. A mistake as to some essential element of the marriage may also justify a

Has he been faithful to you during the marriage? Cruelty would not work. Fraud might, but he could argue that he married you not her. And he had every intention of changing his life. If he began cheating on you right away, your argument might work. But in California we have no fault divorce. You have to make up your mind if you want to give him another chance, or just divorce him. How long have you now been married to him?

Generally the only grounds for an absolute annulment in Louisiana is if the marriage was not legally binding in the first place. Some examples would be if no license was obtained, if there was no ceremony, if it was not witnessed by three witnesses, or if the person conducting the ceremony was not qualified to perform it. Under your scenario, you would be legally married, and you would need to file for divorce.

I don't believe that is the basis for annulment. Unless he has a disease that he knew about and did not tell you about, your remedy is divorce.

I doubt it, most likely you will have to get a divorce.

You certainly can get an annulment on what you stated. Annulment means you married thinking one thing,but another fact is true. If you would have know, you would not have married him.