If I got married last year but my husband and Inever consummated our marriage or lived together, am I able to annul the marriage?

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If I got married last year but my husband and Inever consummated our marriage or lived together, am I able to annul the marriage?

I am a Muslim and got married to a Muslim. He and his parents both said within a month they would purchase a place for us to live together. This happened 10 months ago. A month after we got married he pushed it off about 6 months. When that time then came they pushed it off for another 4 months. It is now 2 months later and we have never lived together; we never consummated the marriage (I am still a virgin). He lives in one state and I moved with my parents to another state. The only communication we had since being married was over the phone.

Asked on February 28, 2012 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should speak with a family law attorney about the situation; it is unclear whether you can annul you marriage. Annulment is when there is some "defect" in the marriage, such as one party being too young or mentally impaired to consent; or when there was a fundamental fraud as to the nature of the marriage (such as one party had a gender change and lied about it; one party lied about ever wanting to have children). On the other hand, if there is no basic defect and no fundamental fraud, then divorce, not annulment, is the correct recourse.

Not having intimate relations and not living together *may* be a significant-enough issue to support annulment, if that was not in your contemplation as a possibility at the time of marriage. Experienced family law counsel can help you understand if your situation would give rise to grounds for annulment. Good luck.


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