How do decide if an aannlment or a divorce is the proper thing to file for?

My husband and I have been married for 8 months. He entered into active duty US Airfoce and after 2 months we separated. Events have occurred during his time in basic training and beginning of tech school that have change our relationship. We have irreconcilable differences and seek to legally end the marriage. I am unsure if our case qualifies for annulment but we would like to find the easiest quickest way to go about ending the marriage. What is the best way to do so?

Asked on August 30, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry that things have not worked out between you and your husband.  The fact that he is in agreement with you about getting divorce is good because the laws regarding the service of military personnel with divorce paperwork has changed so much since the war in Iraq has started.  Those on active duty have many more safeguards in place for them so that there are no "surprise" divorces.  Now, just like you needs grounds for a divorce you need to have grounds for an annulment.  The grounds are often involved and have to be proven at trial. The law regarding annulment differs from place to place but there is not a "no-fault" ground for annulment like there is for divorce in each state.  That is why it may be easier for you two since you are in agreement to obtain a divorce much faster than an annulment.  You can always procure a religious annulment after.  Seek legal help.  Good luck to you both.


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