Do I file for an annulment or divorce?

UPDATED: Oct 1, 2022

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Do I file for an annulment or divorce?

I am straight and married my friend to help her with her medical issues by

putting her on my insurance. I now want out of the marriage. We are roommates.

Asked on June 12, 2018 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Divorce. IF you had not known that was really looking for medical insurance not a spouse, you could likely get an annulment: in that case, she commited "marital fraud" by lying about the fundamental reason why she wanted to marry you, and that sort of basic fraud as to the grounds or reason for marriage can allow an annulment. But you apparently knew that she was marrying you for the insurance and voluntarily collaberated in her doing that; therefore, there was no fraud. In the absence or marital fraud, and assuming she was no underage, was not mentally impaired, and was not already married to someone, you'd have to divorce, not annul.

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