Is my husband cheating grounds for annulment?

UPDATED: Oct 1, 2022

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Is my husband cheating grounds for annulment?

I just found out my husband of 1 year has been sleeping with someone for the last 6 months. She came forward and told me everything and I have documentation. Can I get an annulment on these grounds or only a divorce?

Asked on June 6, 2019 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, cheating is not grounds for an annulment. An annulment is when the marriage is considered invalid or void from the very beginning, such as one person not being able to legally consent to being married (such as due to youth, insanity, intoxication, etc.) or not being legally able to get married (such as if one person was currently married to another). But adultery does not mean the marriage was not invalid from the beginning, so it is not grounds for an annulment. It is, however, grounds for divorce.

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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