Would hiddendrug use be grounds for an annulment?

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Would hiddendrug use be grounds for an annulment?

Would a husband who made his wife think he was not taking drugs, but was then fired from his job only a month after they were married and in the 3 months since has not worked because he can’t pass a hair follicle test be considered fraud?

Asked on February 6, 2011 under Family Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, hidden drug use would probably not be grounds for an annulment, since it is not a "fraud" that goes to the heart of the marriage. Typical grounds for an annulment are that one spouse is unable or unwilling to have children, but had told the other spouse he or she could; that a spouse has serious mental illness or mental developmental problems (so they couldn't actually consent to marriage); one spouse is gay but hid that fact; or that there is some other reason the marriage couldn't happen (it turns out the spouses are too closely related to marry; one spouse's prior divorce was never finalized; etc.). However, drug use, no matter how serious does not go to the core of being married. Divorce, on the other hand, is certainly an option.


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