QUESTION

Is possible to get an anullment if I found out that my husband has a drug problem?

Asked on Nov 08th, 2011 on Divorce - Arizona
More details to this question:
We have been married less than 30 days. I have since learned of his heavy drug problem. Is it possible to get this annulled?
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12 ANSWERS

Bankruptcy & Debt Attorney serving Jackson Heights, NY at Ruiz Law Group PC
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Yes it is possible.
Answered on Jun 02nd, 2013 at 9:51 PM

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Divorce Attorney serving Brookfield, WI
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Yes, it is possible. This doesn't meet the itemized requirements in Wisconsin, but there is a catch-all which would affect the fundamentals of the marriage.
Answered on Nov 09th, 2011 at 2:45 PM

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Criminal Defense Attorney serving Monticello, MN
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A drug problem is not grounds to annul your marriage. You may however file for a divorce.
Answered on Nov 09th, 2011 at 12:32 PM

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James Albert Bordonaro
Perhaps. It might fall under the heading of lack of mental capacity on your husband's part.
Answered on Nov 09th, 2011 at 8:09 AM

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Glen Edward Ashman
That depends on the scope of the drug problem and what state you are in and should be discussed in depth with a lawyer.
Answered on Nov 08th, 2011 at 11:02 PM

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Family Law Attorney serving New York, NY
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An annulment is a matrimonial action to declare a marriage as null and void. There are two classifications of marriages which may be subject to an annulment, void marriages, which are void at their inception (*void ad ignition*), and voidable marriages, which can be voided only by a court judgment. The grounds for an annulment are contained in Domestic Relations Law Sections 5, 6, and 7, with DRL 140 providing additional factors for some of the grounds. Unfortunately, there are no grounds where discovery of drug use can be used to annul the divorce. If you were married in New York, you should wait until 6 months after being married, and then claim no fault divorce grounds as it is probably the fastest way you can get a divorce in this case.
Answered on Nov 08th, 2011 at 6:32 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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Probably not. There is no such thing as an "annulment" in Washington. There are declarations of invalidity if you were drunk or frauded, etc. when you married. Just file a regular divorce.
Answered on Nov 08th, 2011 at 5:50 PM

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Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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A marriage can only be annulled for the following reasons: F.C. 2210. Annulment, causes for A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The party who commences the proceeding or on whose behalf the proceeding is commenced was without the capability of consenting to the marriage as provided in Section 301 or 302, unless, after attaining the age of consent, the party for any time freely cohabited with the other as husband and wife. (b) The husband or wife of either party was living and the marriage with that husband or wife was then in force and that husband or wife (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted. (c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as husband and wife. (d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife. (e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as husband or wife. (f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.
Answered on Nov 08th, 2011 at 5:48 PM

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Let me begin by dispelling a misconception. A surprising number of people believe that you can get an annulment in Washington. You cannot. The legislature eliminated annulments in the early 1970's. Therefore, you have one of three choices only: 1. A dissolution of marriage. 2. A legal separation. 3. A declaration of invalidity. Of these things, the closed to an annulment is the declaration of invalidity. However, it has very limited application. There are only a few bases upon which the court will declare a marriage invalid. The most common are: a. Lack of parental or court consent for under age individuals. b. A prior un-dissolved marriage. c. Being too closely related. You cannot be any closer related that second cousins. d. Lack of mental ability to consent to the marriage - due either to mental defect or intoxication. e. Being forced to marry. If your situation falls into one of those categories, then, you can use the declaration of invalidity process. Otherwise, you are probably going to have to use the dissolution of marriage process (or the legal separation, which is practically the same thing). In your case, since your spouse just having a drug problem is not one of the approved reason, I'd say that your marriage is probably valid, and you need to go through the dissolution of marriage (divorce) process.
Answered on Nov 08th, 2011 at 4:56 PM

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Steven D. Dunnings
Not sure about anulment. May have to file for divorce. The cost and proceedure are the same.
Answered on Nov 08th, 2011 at 4:55 PM

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Family Law Attorney serving Chandler, AZ
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It may be possible to file for an annulment if you were misled about his drug use prior to the marriage.
Answered on Nov 08th, 2011 at 4:43 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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It is possible but not likely if your husband challenges it.
Answered on Nov 08th, 2011 at 4:43 PM

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