Saturday, January 23, 2010

In virginia can you get the court declare a marriage null if is less than 6 months?

I got married 5 months ago and I want to get divorced. Will it be easier to get it null ( if is still posible) than getting divorced or what can I do? In virginia can you get the court declare a marriage null if is less than 6 months?
You can only get a marriage annulled for specific reasons.


This is the General Statute in Virginia that defines the reasons a marriage can be annulled:


Va. Code 搂20-89.1. Suit to annul marriage. (a) When a marriage is alleged to be void or voidable for any of the causes mentioned in 搂搂搂搂 20-13, 20-38.1, 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment. (b) In the case of natural or incurable impotency of body existing at the time of entering into the marriage contract, or when, prior to the marriage, either party, without the knowledge of the other, had been convicted of a felony, or when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband, or where the husband, without knowledge of the wife, had fathered a child born to a woman other than the wife within ten months after the date of the solemnization of the marriage, or where, prior to the marriage, either party had been, without the knowledge of the other, a prostitute, a decree of annulment may be entered upon proof, on complaint of the party aggrieved. (c) No annulment for a marriage alleged to be void or voidable under subsection (b) of 搂搂 20-45.1, subsection (b) of this section or by virtue of fraud or duress shall be decreed if it appears that the party applying for such annulment has cohabited with the other after knowledge of the facts giving rise to what otherwise would have been grounds for annulment; and, in no event shall any such decree be entered if the parties had been married for a period of two years prior to the institution of such suit for annulment. (d) A party who, at the time of such marriage as is mentioned in 搂搂 20-48 or 搂搂 20-49, was capable of consenting with a party not so capable, shall not be permitted to institute a suit for the purpose of annulling such marriage.





You have to get a divorce.In virginia can you get the court declare a marriage null if is less than 6 months?
An annulment is not easier to get than a divorce. In order to get an annulment, you have to grounds for it. Contrary to popular belief, short-term marriage or 鈥榖uyer鈥檚 remorse鈥?is not grounds for annulment. Grounds for annulment typically include things like the marriage was not legal to begin with (ie one party was already married to someone else, one party was a minor and didn鈥檛 have parental consent, etc), one party entered into the marriage under fraud or duress, etc. If you don鈥檛 have valid annulment grounds (and few people do) you can鈥檛 get an annulment.
typically in most states, it will null a marriage for a year. check with your county court house they will be able to give you the correct information for your state and county. but if he does not agree, you will have to divorce and that will take lawyers and judges and months of your time.
You have up until a year to get it null in most states....and it is easier than getting divorced.....so you better get it null if it is that bad ..
Go get it null but i think you have to have a witness.

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