I was 16 weeks pregnant by someone other than my husband at the time that I was married, would I be able to get an annulment?

I’m in the military and currently stationed at Andrews AFB. My husband is also stationed here. Then 3 weeks after we were married I found out that I was 16 weeks pregnant by someone other than my husband. Meaning I was unknowinly pregnant at the time we were married.

Asked on September 12, 2012 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

While you can ask for an annulment, it probably will not be granted to you. Annulments in theory--though court may be more lenient--are granted for matters going to "fraud" in marriage; for example, that one party lied about wanting or being capable of having children, or about his/her sexual orientation, or was mentally incompetent and could not knowingly consent to marriage. However, having sexual relations with someone other than your spouse (or then spouse-to-be) and/ore being pregant by someone else is not a fraud on marriage in that way--though it is certainly grounds for divorece.

Again, though, the courts are  often more lenient than they in theory should be; you should consult with a family or divorce law attorney about your situation. Good luck.


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