Can a member of the military get an annulment?

I am currently deployed to Iraq. Before I left my girlfriend became pregnant and I did the right thing and married her a week before I left. Now she will have medical insurance. Since then she has quit her job because “it is to hard when she is pregnant”. I pay the rent, all the bills, plus send her $600 a month and she still has no money. She has 2other children. Is it possible for me to get an annulment since we were together such a short time before I left? It is not working out and I feel she wants me to support her and her other children. I want out. What guidance can you give me?

Asked on September 3, 2011 under Family Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Your status as a member of the military would not stop you from being able to obtain an annulment.  But I have to tell you that annulments are far more difficult to get than just filing for divorce.  Here are the grounds in Michigane that allow you to file for annulment:

  • You were under age (under 16, or under 18 without permission of parent or guardian) when you married
  • Bigamy (one of you were still married to someone else)
  • You are too closely related or the same sex. 
  • Mental incompetence such that you were legally incapable of entering into a contract.
  • Duress: you were forced into the marriage.
  • Serious fraud which goes to the heart of the marital contract, which is clearly established. 
  • Concealed intent of your spouse to never have sexual intercourse.
  • Inability to have children, found out after marriage, if case brought within 2 years.
  • Marriage entered into as a joke.
  • Person who performed ceremony lacked legal authority to perform marriages.
  • Possible other reasons that go to the ability of a party to freely consent to marriage or otherwise affect validity of marriage.
  • Now, just because you are married a short time or you feel that your wife is not who you thought does not give you grounds for an annulment.  Speak with an attorney on the matter.  God luck.  And thank you for your service to our country.


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