Can I file for annulment?
UPDATED: Jul 10, 2012
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Can I file for annulment?
I married a man that I had dated for 5 years. Once we arrived home from the honeymoon he tells me he has issues and can not move in with me. I have asked for him to get help from a therapist, which he will schedule an appointment with and then miss. Had I know he had these issues I would have not married him, do I have grounds for annulment?
Asked on July 10, 2012 under Family Law, Tennessee
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The facts of every case will determine if the court will grant the annulment. In your state there are several legal grounds for annulling a marriage: 1. If you were married while under the legal age in Tennessee, without the legal consent of at least one of your parents or a guardian, your marriage may be annulled. After reaching the age required for marriage in Tennessee, an annulment will depend on the facts of the case; 2. If either spouse was legally married to another person at the time of the marriage, then the marriage is void and no formal annulment is necessary; 3. If the court finds that either spouse did not have the ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment. However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. This particular ground most often applies to someone who has been mentally ill or who has suffered from a mental or emotional disorder; 4. If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. Fraud is not telling the truth in order to induce the other party to enter into the marriage. Whether the failure to tell the truth will be grounds for annulment depends on the facts of the case. Force is threat of or threat of the use of physical violence to make a person get married. If the person who has been threatened or deceived about the marriage contract continues to live with the spouse after discovering the fraud or the deception or after being forced into the marriage, it is possible this ground will not apply; 5. If either spouse was physically incapable of entering into the marriage at the time of the marriage, usually because of lack of ability to have sexual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, then there are grounds for an annulment. This inability must continue and must exist at the time of suit. Get help. Good luck.
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