Annulment question

UPDATED: Oct 1, 2022

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Annulment question

Can you file for an annulment after its been a
year of being married? Marriage was never
consummated and husband never wants to
have sex.

Asked on January 6, 2019 under Family Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may be able to, for the stated reason--that your husband never wants to have sex--assuming that he misled you: that is, that you had no reason to believe in advance that he would not want to have sex. Annulment may be sought when a marriage is inherently invalid from the beginning (and not when it was valid, but then fell apart later). The marriage being based on a fundamental misrepresentation as to the nature of the relationship or reason to get married--such as one partner leading the other to believe that he would engage in normal marital intimacy when, in fact, he will not--could constitute a marital "fraud" and provide grounds for an annulment. It would be worthwhile for you to consult with a family law attorney about this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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