Trying to figure out if I can get an annulment or divorce

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Trying to figure out if I can get an annulment or divorce

My wife and I have been together for 5
months and she has cheated and have a
drug problem I didn’t know about

Asked on July 28, 2017 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This would be a divorce. Annulment is when the law concludes that the marriage in essence never happened, such as because--
1) A spouse was underage and could not legally marry;
2) A "spouse" was actually already married to someone else at the time (e.g. had left his/her husband or wife without actually finalizing a divorce) and so could not marry;
3) A spouse was mentally incompetent when married, and so could not legally marry;
4) A spouse lied about something fundamental to the very nature of marriage, such as his/her sexual orientation, so that the marriage was based on a fraud.
Any other reason to separate, including cheating or drug use, calls for a divorce.


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