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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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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