QUESTION
Can we get an annulment if marriage was never consummated?
Asked on May 05th, 2014 on Divorce - Utah
More details to this question:
I went to prison in 1995. My daughter was born in 1996. I married my wife while I was in prison. I was sentenced to 32 years but the marriage was never consummated. We have been separated for years and I recently got out after 16 years. We haven't lived together nor do we shared any property.
3 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Annulments are very difficult in Florida, easier/quicker/cheaper to dissolve the marriage.
Answered on May 07th, 2014 at 8:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will either need a annulment or a divorce, and if the marriage is never consummated I would suspect that an annulment might be possible. You'll still have a support obligation for your daughter whether or not the marriages annulled. I would suggest you see an attorney.
Answered on May 07th, 2014 at 8:36 PM
In Utah, failure to consummate a marriage is grounds for an annulment. You mentioned a daughter. Courts do not favor annulments when there are children involved. If the child was born during the marriage, you are presumptively the father, and may have to raise the issue in the divorce or annulment depending on whether you are the biological father or if you want to be considered the biological father of the child. A divorce would terminate the marriage as easily as an annulment.
Answered on May 07th, 2014 at 1:18 PM