If my wife is gay, is that grounds for annulment?

UPDATED: Oct 1, 2022

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If my wife is gay, is that grounds for annulment?

Ive been married for 6 years and last month my wife told me that she’s gay. I moved out that week and she now has a girlfriend. I’m curious if that would be classified as fraud for annulment.

Asked on November 28, 2018 under Family Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It may be grounds for annulment if she was aware that she was gay when you were married: in that case, you got married under fraudulent, or fundamentally false grounds, so the marriage could be annulled on the grounds it was never valid.
If your wife believed she was straight when you married, so there was no fraud in the marriage, but later realized she was gay or bisexual, that would be grounds for divorce, not marriage.

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