Would I be able to file for an annulment on the grounds of impotence if my husband withheld from me that fact that he couldn’t have children until after we were married?

Or would be just be better off filing for a divorce? We have been married 5 months and have no children, property, debt or anything else together. We want to seperate with no contest on either side?

Asked on January 8, 2013 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Impotence is not the grounds you wish to have here. It is fraud. You were defrauded into believing he had no medical problems and could have children. You were defrauded and that is the basis for which you wish to move forward. An annulment could be granted in those situations and especially if there is contest on either side.

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