Is it possible for me to get an annulment?

UPDATED: Oct 1, 2022

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Is it possible for me to get an annulment?

I got married 9 months ago. I found out 2 weeks ago that my husband has been cheating on me since before our marriage. Both physically and online. I had proof emailed to me from someone he was conversing with. The person even sent me pictures of his face and body that he shared with them.

When confronted, he first denied anything. Now he has come out saying that he has been doing this secretly for our entire relationship, through dating and into the marriage. He completely hid who he was and deceived me into marrying him. He lied to me about cheating with his ex in the beginning and is

now being honest about that. I am just curious if these could possibly be grounds for an annulment rather than divorce.

Asked on September 4, 2017 under Family Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, this is not the sort of marital fraud which supports an annulment. Fraud in this context is not that your spouse lied to you; it's that he lied about something fundamental to being married, such as his marital status (i.e. he was still married to someone else, which also provides a separate ground for annulment as well), his legal status (e.g. that he married only for residency/citizenship reasons), or his sexual orientation (e.g. he is gay). But cheating, lying about finances, having a gambling or substance abuse problem and concealing it, not disclosing that he already has children, etc. is not  fraud going to the core of being married. What you describe would support divorce, but not annulment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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