QUESTION
If I was married for 7 months, can I file annulment instead of divorce?
Asked on Feb 18th, 2014 on Divorce - Idaho
More details to this question:
I tried to make it work with my kid's dad and it's just not working. Will I be granted legal separation?
7 ANSWERS
4 Awards
In Nebraska, there are 3 ways to end a marriage: 1) Annulment; 2) Legal Separation; and 3) Dissolution (Divorce). Generally, annulment is only allowed if the marriage is void or voidable (one of you was still married to someone else legally, you were under the influence of substances a la Britney Spears, or you were fraudulently induced to marry). Legal separation allows you to deal with the issues of finances/custody without actually becoming legally divorced. This option is most often chosen by people who have a strong religious objection to divorce or who are in desperate need of maintaining health insurance through one spouse. Finally, there is divorce (called "dissolution of marriage"). This is likely what you will need to file since your reason for wanting to end the marriage is it not working out. If you have a child together, the Courts will not let you make that child illegitimate by annulling rather than divorcing. Consult with an attorney about your specific facts in more detail under confidentiality to know all your options.
Answered on Feb 20th, 2014 at 8:27 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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There is no basis for an annulment. You have to get a divorce if you don't want to be married to him. There is no point in a legal separation since all it will do is keep either of you from getting married and potentially stick each of you with bills incurred by the other.
Answered on Feb 20th, 2014 at 8:26 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Annulment is almost non-existent in Florida, after seven months probably only a dissolution. Florida judges do not grant "legal separation", only say divorced or not.
Answered on Feb 20th, 2014 at 8:25 PM
No. Not unless there is fraud or insanity as grounds. I suggest you simply proceed with divorce.
Answered on Feb 20th, 2014 at 8:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably not an annulment unless there is a reason you have not stated which would qualify you, but certainly a divorce or legal separation.
Answered on Feb 20th, 2014 at 6:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Annulment is a very particular remedy. Unless he lied to you or was still married, I have a sneaking suspicion it won't apply in your case, particularly since you have children together. You need to talk with a local attorney about what your options are. In Idaho, separation is available but not necessary to get a divorce.
Answered on Feb 20th, 2014 at 6:01 PM
It's hard to get an annulment. Don't bother. File for divorce which will establish a Date of Separation. And consult an attorney.
Answered on Feb 20th, 2014 at 6:01 PM