How do I know if I ameligible for an annulment?

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How do I know if I ameligible for an annulment?

I was married recently; 3 months ago. My spouse is a frequent heavy drinker and is both verbally and physically abusive.

Asked on July 23, 2011 New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An annulment of a marriage renders the marriage void (i.e. as though it never happened). The process of getting an annulment is similar to a divorce in that the "spouse" seeking the annulment must petition the court and serve notice to the other "spouse". However, annulments tend to be more difficult to obtain because it must proven that grounds for annulment existed. In NM, the grounds are:

  1. Fraud - your spouse married you by employing fraud or misrepresented him/herself in some way;
  2. Physical Disability - your spouse has some physical disability and it is adversely bearing on your marriage;
  3. Duress - you have been threatened or forced into a marriage; or
  4. Mental Incapacity - your spouse is mentally ill and it is affecting your married life.
Based on the facts presented there seems to be possible ground for an annulment here. You should at this point consult with an attorney in your area. If an annulment is not available to you, there is always the option of divorce.

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