Can I get an annulment?

I got married 9 months ago. I found out 2 weeks ago that my husband has
been cheating on me since before our marriage. Both physically and online. I
had proof emailed to me from someone he was conversing with. The person
even sent me pictures of his face and body that he shared with them. When
confronted, he first denied anything. Now he has come out saying that he has
been doing this secretly for our entire relationship, through dating and into
the marriage. He was posting ads for BOTH gay sex asking men to come to
our house while I was at work and women. He completely hid who he was
and deceived me into marrying him. He lied to me about cheating with his ex
in the beginning and is now being honest about that. I am just curious if these
could possibly be grounds for an annulment rather than divorce. I know that
being gay can possibly be terms for this. He claims he isn’t gay and just
wanted to try it. The ads I saw seem to show different.

Asked on September 6, 2017 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If he lied about his sexual orientation, which he apparently has been--while there is considerable academic debate about the exact boundaries of sexuality, in a practical, everyday, and (almost certainly) courtroom sense, a man who has sex with other men will be viewed as gay or bisexual, not heterosexual--that should provide a basis for an annulment. The law and courts will not tend to get hung up on whether, under current LGBT theory, being "bi-curious" or "experimenting" with gay sex makes you gay; rather, since you presumably believed you were marrying a heterosexual male, the fact that he is not purely heterosexual will typically be viewed a marital fraud. You should consult with a family law attorney about seeking annulment.


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