Do I qualify for an annulment?

UPDATED: Oct 1, 2022

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Do I qualify for an annulment?

My husband and I have been married for 4 months and we got into it not fully understanding what we both was getting into, he ended up admitting he was never ready for this and could not take care of us financially. We share no 401k, we have no kids together, and we do not own a home. My question is would this maybe get approved for an annulment?

Asked on July 26, 2018 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, this is a case for a divorce, not an annulment. An annulment is really only for when the marriage was not--and typically could not have been--valid from the beginning: one spouse too young to marry; one spouse mentally incompetent, so they could not consent to marriage; one spouse already married to another person; a spouse who married only for immigration reasons, when the other spouse did not know that. But realizing that you are not ready for marriage or that marriage is not for you is not grounds for an annulment, though as stated, you can certainly divorce.

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