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  1. #1

    Default Annulment Based On Fraud

    Wondering if I have a case to file an annulment based on Fraud in Virginia.

    My husband told me numerous lies about himself and his background before we got married. We were married for just over two months before I told him to move out.

    He said he was an officer in the Navy, he was working on his master's degree, he owned a condo, he didn't have any debt, and his previous wife died in a car accident.

    Turns out he has been living at home for the past 8 years, unemployed; doesn't have an undergraduate degree; doesn't own a condo; has numerous debts; and is divorced.

    He did tell me that he takes morphine for a back injury. We did not live together before getting married. Now that I lived with him I could see that he takes it for more than just pain management - he is addicted to it.

    He is the complete opposite of the person I thought I was marrying. Also, I've read that annulment is possible if someone conceals a drug problem, but I'm not sure how I would legally prove that he is addicted to morphine - it is prescribed by a doctor.

    Do you think I have a case? I realize divorce is easier and cheaper, but I would rather pursue an annulment if I have a reasonable chance of being granted one.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Annulment Based On Fraud

    Annulment is extremely difficult and expensive.

    A divorce is much easier.

    And, nothing you post shows that there was any question that you wanted to be married (which means that you cannot get an annulment).

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Annulment Based On Fraud

    I'm wondering if you could ask him now if he has ever been with a prostitute and if he says yes - agree to the annulment - seems like your only chance. You are going to need a lawyer for this for sure...


    § 20-89.1. Suit to annul marriage.

    (a) When a marriage is alleged to be void or voidable for any of the causes mentioned in §§ 20-13, 20-38.1, 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment.

    (b) In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within ten months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved.

    (c) No annulment for a marriage alleged to be void or voidable under subsection (b) of § 20-45.1, subsection (b) of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment; and, in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment.

    (d) A party who, at the time of such marriage as is mentioned in § 20-48 or § 20-49, was capable of consenting with a party not so capable, shall not be permitted to institute a suit for the purpose of annulling such marriage.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Annulment Based On Fraud

    Quote Quoting 525601minutes
    View Post
    I'm wondering if you could ask him now if he has ever been with a prostitute and if he says yes - agree to the annulment - seems like your only chance. You are going to need a lawyer for this for sure...
    Not "been with" - it's just "been".
    Quote Quoting VirginiaAnnulment
    View Post
    We were married for just over two months before I told him to move out.
    You kicked him out after two months - and that was how long ago?

    Note that if you consult a divorce lawyer, your lawyer should be able to advise you as to the chances of obtaining an annulment.

  5. #5

    Default Re: Annulment Based On Fraud

    All, thanks for your postings. I will consult a lawyer.
    To answer the question though...he moved out 10 days ago.

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