General Question

ItalianPrincess1217's avatar

Would an annulment be possible in this situation?

Asked by ItalianPrincess1217 (11083points) September 8th, 2010

I was married less than 2 months ago. I live in NY state. If I wanted to end the marriage could I opt for an annulment or would I have to get a divorce?

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17 Answers

MyNewtBoobs's avatar

Talk to a lawyer – they’re the only ones who can say for sure.

tedibear's avatar

Can you prove that the marriage is invalid for some reason? If I remember correctly, it requires something like one of you being unable to make a rational decision to marry (due to mental illness or incapacitation), impotence causing a lack of consummation of the marriage, or being threatened into getting married. Here is a link with some basic information. From there, go to your lawyer.

MyNewtBoobs's avatar

@tedibear It depends entirely on the state’s law.

WestRiverrat's avatar

If you are within driving distance of the state line, check some of the neighboring states too. They may have more liberal laws regarding annulments. You may have to move temporarily.

BarnacleBill's avatar

Were you living together before the marriage?

Seaofclouds's avatar

Here is a FAQ about annulments in NY. Here is another link that discusses them. Hopefully the two of them will give you an idea of what to talk to a lawyer about. You should definitely discuss it with a lawyer. If you don’t meet one of the requirements for an annulment, you would have to get a divorce.

chyna's avatar

Make sure this is something you want to do.
So sorry it didn’t work out for you.

Cruiser's avatar

Divorce comes first and should be easy enough after such a short time together and annulments I hear and are a whole other matter between you and your church. Best have good reasons at the ready for both!

WestRiverrat's avatar

@Cruiser You can get legal annulments from the state in some circumstances. They are generally cheaper than divorces, but have stricter guidlines.

Divorce is how you dissolve a legally recognized marriage. Annulments are how you dissolve what the state considers an illegal marriage.

Cruiser's avatar

@WestRiverrat All good but illegal marriage was not specified in the question and IMO her question regarding a 2 month old “marriage” would refer to a legal marriage.

Ben_Dover's avatar

Did you consummate the marriage?

Response moderated (Spam)
chyna's avatar

@ItalianPrincess1217 Were you able to get an annulment?

ItalianPrincess1217's avatar

@chyna No it’s going to have to be a divorce.

chyna's avatar

So sorry to hear you have to go through all that.

mollysmithee's avatar

Although annulments are much quicker than divorces, they can be more difficult to be granted because of the strict requirement for “voidability” of the marriage. Here’s a legal argument on annulment vs. divorce that may help: http://www.slaterkennon.com/articles/annulment-vs-divorce/ Sorry to hear you were not able to get an annulment, but it should work out fairly easy to get a divorce this early in the marriage as there is not the issue of children, combined assets, etc.
Best of luck.

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