Annulment in TN/Married in SC

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Annulment in TN/Married in SC

One spouse was in a involved sexual relationship with someone upon the married couple meeting. That relationship continued throughout the courtship and marriage. It was still continuing up until the other person blew the whistle upon them finding out about the newlywed spouse. Is this grounds for fraud and an annulment? What is the process if married in SC but reside in TN?

Asked on October 12, 2016 under Family Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, adultery or cheating is not grounds for annulment (but it is for divorce). Annulment is for:
1) Lack of capacity to marry: mentally incompetent, either always or at the time of the wedding due to extreme intoxication; or too young to marry (under age of majority).
2) Already and concurrently married to someone else.
3) Lying about the reason for marriage (e.g. to get a green card) or about wanting to have children--these two reasons are held to go to the heart of marriage and constitute a fundamental fraud.


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