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  1. #1
    Join Date
    Aug 2009
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    Default Getting an Annulment in Louisiana

    My question involves divorce in the State of: LOUISIANA

    Before I even start, let me just say I've been REALLY stupid and drunk in the past few months!

    In 2007 I divorced my husband of 15 years and jumped into a rebound relationship that centered on alcohol. We met drunk, got engaged drunk, and got married at a BAR drunk!

    I am hoping to get an annulment and wanted to know if that was even possible. A few things might work in my favor. Of course, everything was done while we were drunk, so neither of us were of sound mind. Also, we didn't wait the required 72 hours from the time we got our marriage license to the time we got married (the minister just adjusted the date after the ceremony).

    Needless to say, in the 2 months that we have been married, we have no community property to settle, and we despise each other and both just want to be out of this mess we got ourselves into (It feels like a quickie Vegas wedding just done in Louisiana ). Do we really have to wait the required 1 year and legal fees that go along with a divorce or can we just file for an annulment and get this granted quickly?

    Any help, reference to legal forms, etc. would really be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Getting an Annulment in Louisiana

    Here's the law:
    Quote Quoting Louisiana Civil Code, Art. 94. Absolutely null marriage
    A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.
    Quote Quoting Louisiana Civil Code, Art. 95. Relatively null marriage; confirmation
    A marriage is relatively null when the consent of one of the parties to marry is not freely given. Such a marriage may be declared null upon application of the party whose consent was not free. The marriage may not be declared null if that party confirmed the marriage after recovering his liberty or regaining his discernment.
    Quote Quoting Louisiana Civil Code, Art. 96. Civil effects of absolutely null marriage; putative marriage
    An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith.

    When the cause of the nullity is one party's prior undissolved marriage, the civil effects continue in favor of the other party, regardless of whether the latter remains in good faith, until the marriage is pronounced null or the latter party contracts a valid marriage.

    A marriage contracted by a party in good faith produces civil effects in favor of a child of the parties.

    A purported marriage between parties of the same sex does not produce any civil effects.
    You may be able to fudge your way through an annulment, but if the marriage was at all planned or you lived together as man and wife after marrying, it's a dubious proposition.

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