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by math girl on February 15th, 2006

math girl

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Before we got married my husband promised to quit smoking. It's been a year and he has no desire to quit. Could this be considered fraud and grounds for an annulment?

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Answers. 2 helpful answers below.

  • by Anonymous on April 30th, 2006

    Anonymous

    No. If he was a smoker before your marriage and you knew it, an annulment is out of the question. a regular divorce may apply. is his cigarette smoking really the reason you want a divorce? its a bad habit, but is it bad enough to warrant a divorce or have you just fallen out of love?

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  • by RedJohn on February 17th, 2006

    RedJohn

    It is certainly not grounds for an annulment, unless you and your spouse agreed not to cohabitate as a married couple until he stopped smoking.

    The word fraud refers to someone who deceives a person or entity for their own illegal gain or advantage. Breaking a promise to quit smoking does not constitute fraud and can even be justified by the addictive nature of nicotine. Entering into a marriage to loot a spouse's bank account and then depart with the spoils is fraud.

    You are, however, free to divorce him, since every married couple is free to dissolve a marriage by divorce.

    It should also give pause for reflection, because such a relationship should never have been entered into if your happiness and commitment depended on another person changing their behaviour. Since smoking is so obviously something you feel strongly about, you should never have married a smoker in the first place. You cannot found a successful relationship on your need to change the behaviour of your partner.

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