If I have been separated from my spouse for 2 years after only being married 6 months, can I still try to get an annulment or do I need to file for a divorce?

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If I have been separated from my spouse for 2 years after only being married 6 months, can I still try to get an annulment or do I need to file for a divorce?

I had no knowledge of his past .

Asked on October 28, 2012 under Family Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you qualify for an anullment of your marriage based upon the facts of the situation you are writing about necessitates a meeting with a family law attorney to advise you on the situation that you are writing about and if you qualify fo an anullment under the laws of the state that you reside in presently and at the time the marriage happened.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Idaho allows for legal annulment under 6 circumstances:

1.  One party was under the age of legal consent, (age 18 in Idaho) and such marriage was contracted without the consent of his or her parents or guardian, or persons having charge of him or her;
2.  A former husband or wife of either party was living, and the marriage with such former husband or wife was still valid (i.e you have become the second spouse because the first marriage was never terminated);
3.  Either party was of unsound mind;
4.  Consent of either party was obtained by fraud;
5.  Consent of either party was obtained by force;
6.  Either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable (i.e. sexual disfunction).

The facts here matter.  For example, if his past included a spouse that he was still married to then yes.  Otherwise a divorce lawyer can help you.  Good luck.

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