Is it possible for me to 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 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.

Asked on September 4, 2017 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, this is not the sort of marital fraud which supports an annulment. Fraud in this context is not that your spouse lied to you; it's that he lied about something fundamental to being married, such as his marital status (i.e. he was still married to someone else, which also provides a separate ground for annulment as well), his legal status (e.g. that he married only for residency/citizenship reasons), or his sexual orientation (e.g. he is gay). But cheating, lying about finances, having a gambling or substance abuse problem and concealing it, not disclosing that he already has children, etc. is not  fraud going to the core of being married. What you describe would support divorce, but not annulment.
 


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