Can I get an annulment rather than a divorce?

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Can I get an annulment rather than a divorce?

My husband lied about his age on our marriage certificate so I was hoping that would void our marriage.

Asked on July 27, 2011 Maine

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To file for an marriage annulment in ME, you must claim one of the following grounds:

  1. Fraud - If your spouse misrepresented him or herself to obtain your consent for marriage.
  2. Mental Incapacitation - You are entitled to an annulment if your spouse is mentally incapacitated.
  3. Consanguinity - Marrying someone related too closely to you by blood.
  4. Underage Marriages - Minors getting married is a ground for annulment.
  5. Impotency - You can obtain an annulment if your spouse is impotent.    

Based on the limited facts presented, grounds 1 and 4 may or may not be applicable to your situation.

Just know that annulments are not easily granted and typically take longer and are more expensive than a divorce. At this point you should consult directly with a criminal law attorney in your area.


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