Lee’s Divorce & Family Law Blog
6/11/2005
Annulment of Marriage in Alabama
I get about a question a week from people who have realized soon after their wedding vows that this was all a big mistake. Their usual question is whether they can get an annulment instead of a divorce, because they’ve been married such a short time.
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Lee’s Divorce & Family Law Blog
6/11/2005
Annulment of Marriage in Alabama
I get about a question a week from people who have realized soon after their wedding vows that this was all a big mistake. Their usual question is whether they can get an annulment instead of a divorce, because they’ve been married such a short time.
Sorry. It just doesn’t work that way. A marriage must have several elements to be a valid marriage. Both parties must be age 14 or greater. The parties must be of sound mind and have the ability to agree to the contract of marriage. The parties may not be first cousins or of closer relationship.
Annulment is available if one of these essential elements is missing. The most frequent successful reason for annulment is that one of the spouses was still married to someone else at the time the couple said “I do.â€
Annulment is not available on these grounds:
We haven’t been married very long.
My spouse deceived me about his or her finances, or virginity, or family, or criminal record.
We never consummated our marriage. We never had sex together.
We never actually lived together.
When grounds for an annulment do exist, the cost for uncontested annulment tends to be a tad higher than for uncontested divorce. For example, my charge for an uncontested annulment is $100 more than for an uncontested divorce. It happens a little faster than uncontested divorce (about two weeks after filing vs. six weeks after filing for a divorce). Annulment happens faster because there’s no 30 day waiting period required.
Filed under: Alabama — Lee Borden @ 5:58 am
99 Comments »
what if you found out 2 months after marriage that the immigrant you married was cheating on you and only married you to get a green card? can you get an annullment then?
Comment by doesn't matter — 7/5/2006 @ 10:05 am
I remarried my exhusband and he is 10years older than me. A few weeks after the marriage,
he tells me that he doesn’t want anymore children and he told me he did so I would marry
him. He is 40 and has 2 children from a previous marriage. I’m 30 and he always knew that
I wanted children. After only @5 weeks of marriage I left him due to domestic violence
reasons. Can I get an annulment in Alabama?
Comment by Maggie — 9/26/2006 @ 8:57 am
Unless one of the essentials listed above was missing, you cannot get an annulment. I’m sorry.
Comment by Lee Borden — 9/26/2006 @ 9:18 am
My wife was mentaly unstable at the time of marriage. She has bipolar disorder and was not taking her medicine for up to 1 year prior to marriage during courtship. Within four weeks of marriage she was hospitalized for suicide attempt. I do not feel she enetered into the marriage contract under sound mind. We have been married 6 months. Would an anulment be considered in this case?
Comment by shane — 12/31/2006 @ 12:36 am
You can ask your lawyer. My guess is no.
Comment by Lee Borden — 12/31/2006 @ 7:23 am
you probably won’t beable too get any help-which is very sad.
my sister a rapid cyclic bipolar mpd personality disorder was
not in treatment for five years; married an autistic man with
in days of a divorce (after twenty some years of marriage)
where the stress level of that had also caused severe
delusional disorder (all documented by five-doctors here;
the state of Alabama was unsympathetic; as were the judges
perhaps when the divorce (is in court) one should ask of
your-honor if you may petition (directly the judge) for
favor-make it simple
address the issue there; perhaps you might get lucky.
I know one whom did so and this did work.
however; in the above case the lady was so out of it
she could not even function in court- and the hick town
politics of the laws of annullment didn’t work
unless of course you are loaded like brittany spears
i guess you can forget it
best wishes though!
Comment by rklewis — 1/4/2007 @ 8:10 pm
My wife and I have got married about 3 months ago because she said she was pregnant and because I thought that it was the thing to do since I thought I was the father. When I got her on my insurance and took her to the doctor they said she was X amount of weeks along which did not add up plus her pregnancy symptoms were too soon (like 6 days later) after we had sex. Is it possible to get an annulment based on being deceived?
Comment by RodneyM — 2/12/2007 @ 7:34 pm
And also, it was in the doctors office when she decided to tell me that she had slept with a guy only a couple of weeks or so prior to sleeping with me.
Comment by RodneyM — 2/12/2007 @ 7:36 pm
Lee,
Could you please be more specific regarding grounds for annulment in Alabama? I know there is another post about it, but I would like clarification on annulment for for fraud (or misunderstanding).
For instance, my wife is Colombian. I met her in Cali in 1999 and married her in Cali 5/31/2001. I thought I was nobody’s fool but this woman convinced me that 1) she loved me and wanted to make a life together with her 5-yr-old son, 2) she wanted to come to the USA and WORK, 3) she DID NOT WANT MORE CHILDREN, 4) although I am 17-yrs-older, my age was no problem, 5) a civil marriage ceremony would suffice although she is Roman Catholic.
The reality is: 1) she never worked, 2) she demanded a monthly allowance with no accountability ($1k to $2k), 3) she demanded a car in her own name, 4) she demanded English classes and subsequent college courses at my expense (associates degree spring 2006 with all A’s) 5) she expected me to help her with child care 6) although I explained to her that we were spending beyond our means (borrowing) she demanded her priorities 7) In June 2006 the ready cash was depelted, I could no longer provide what she wanted by Feb 2007 she found a job and moved out before her first paycheck, 9) now she is suing for divorce, $15k +/- and no responsibility for joint and marital debt of $135k 10) she is threatening alimony if I don’t pony-up.
Fraud: If one of the parties did not tell the truth, or misrepresented information in order to induce the other party to enter into the marriage, then the marriage may be annulled because of fraud.
• Misrepresentation or fraud — for example, a spouse lied about the capacity to have children, falsely stated that she had reached the age of consent, or failed to say that she was still married to someone else.
• Concealment — for example, concealing an addiction to alcohol or drugs, conviction of a felony, children from a prior relationship, a sexually transmitted disease, or impotency. (frigidity?)
• Refusal or inability to consummate the marriage — that is, refusal or inability of a spouse to have sexual intercourse with the other spouse.
• Misunderstanding — for example, one person wanted children and the other did not.
Comment by R Wilson — 6/18/2007 @ 12:24 pm