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by Toni marie on August 25th, 2004

Toni marie

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I dated my husband for several years before we got married a month ago. Getting married was a mistake and I wish to dissolve the marriage, can I get an annulment or do I have to get a divorce?

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  • by Andy Is Wicked Married to Penal Colony on August 25th, 2004

    Andy Is Wicked Married to Penal Colony

    That depends on the local laws where you live. It's a pretty safe bet that you will have to file for a divorce though. Annulments and dissolutions render the marriage invalid and after the fact it is as if the marriage never existed. One must meet specific criteria to seek an anullment:

    You probably can get an annulment since you have only been married for a month. Grounds for annulment vary slightly from state to state. Generally, they may be obtained for one of the following reasons:

    *Misrepresentation or fraud -- for example, a spouse lied about the capacity to have children, stated that she had reached the age of consent, or failed to say that she was still married to someone else.

    *Concealment -- for example, concealing an addiction to alcohol or drugs, conviction of a felony, children from a prior relationship, a sexually transmitted disease, or impotency.

    *Refusal or inability to consummate the marriage -- that is, refusal or inability of a spouse to have sexual intercourse with the other spouse.

    *Misunderstanding -- for example, one person wanted children and the other did not.

    These are the grounds for civil annulments, not to be confused with an annulment granted by the Roman Catholic church after obtaining a civil divorce.

    Most annulments take place after a marriage of a very short duration -- a few weeks or months -- so there are usually no assets or debts to divide, or children for whom custody, visitation, and child support are a concern. When a long-term marriage is annulled, however, most states have provisions for dividing property and debts, as well as determining custody, visitation, child support, and alimony. Children of an annulled marriage are not considered illegitimate.

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  • by Depotqueen on June 9th, 2007

    Depotqueen

    It is much easier to get a divorce because you have to show cause for an annulment and it is cheaper to get a divorce.

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