Under what conditions can you file for annulment?
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Under what conditions can you file for annulment?
I have been married for 10 months and my wife lives in one state and I live in another. She promised that she would move here 7 months ago but has not. Can I get an annulment?
Asked on December 14, 2011 under Family Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, this is probably a case where divorce, not annulment, is appropriate. Annulment is generally only available when there was a fraud or lack of validity to the very basis of marriage: e.g. one party is too young or was mentally incompetent; one party hid from the other that (s)he was gay, had had a sex change, didn't want children, was only marrying for immigration purposes, etc. A dispute over where to live, while undoubtedly serious, probably does not meet the criteria for an annulment. However, since you'll need to consult with a family or matrimonial law attorney anyway (e.g for a divorce), it would certainly be worthwhile exploring that with the lawyer. Good luck.
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