Can I get an annulment?

UPDATED: Oct 1, 2022

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Can I 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 was posting ads for BOTH gay sex asking men to come to
our house while I was at work and women. 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. I know that
being gay can possibly be terms for this. He claims he isn’t gay and just
wanted to try it. The ads I saw seem to show different.

Asked on September 6, 2017 under Family Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he lied about his sexual orientation, which he apparently has been--while there is considerable academic debate about the exact boundaries of sexuality, in a practical, everyday, and (almost certainly) courtroom sense, a man who has sex with other men will be viewed as gay or bisexual, not heterosexual--that should provide a basis for an annulment. The law and courts will not tend to get hung up on whether, under current LGBT theory, being "bi-curious" or "experimenting" with gay sex makes you gay; rather, since you presumably believed you were marrying a heterosexual male, the fact that he is not purely heterosexual will typically be viewed a marital fraud. You should consult with a family law attorney about seeking annulment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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