UPDATED: Oct 1, 2022
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Can you file for an annulment after its been a
year of being married? Marriage was never
consummated and husband never wants to
Asked on January 6, 2019 under Family Law, Wisconsin
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You may be able to, for the stated reason--that your husband never wants to have sex--assuming that he misled you: that is, that you had no reason to believe in advance that he would not want to have sex. Annulment may be sought when a marriage is inherently invalid from the beginning (and not when it was valid, but then fell apart later). The marriage being based on a fundamental misrepresentation as to the nature of the relationship or reason to get married--such as one partner leading the other to believe that he would engage in normal marital intimacy when, in fact, he will not--could constitute a marital "fraud" and provide grounds for an annulment. It would be worthwhile for you to consult with a family law attorney about this.
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