Should I get divorce or annulment

Asked about 1 year ago - Las Vegas, NV

I have been married for 2 weeks to someone that I met on the Internet. He said that the marriage won't work because we argue to much. He refuses to go to counseling and now is talking about getting an annulment. When I read the requirements for annulments we don't fit. Should I get a divorce instead and when can I sue him for breach of contract and pain and suffering

Attorney answers (4)

  1. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Ignore anything out of state attorneys tell you on this topic; it is very much a matter of state law.

    Annulment requires invalidity or fraud; two weeks has *absolutely* nothing to do with it in Nevada.

    Arguing too much, or disagreeing about counseling, is neither.

    The "heartbalm torts" are long gone in Nevada; there are no damages for a bad marriage, or pain and suffering in a marriage, whether for two days or twenty years.

  2. Amanda M Roberts

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with Mr. Hawkins that the timing of the request is really of no significance in this decision. Annulments are very fact specific cases and you should consult with an attorney about the particular facts of your individual case before making the decision about whether to seek an annulment or a divorce. If you are correct and you cannot qualify for an annulment, your only other option to end the marriage would be divorce. It is unlikely the Family Court would deal with breach of contract unless a prenuptial agreement is involved; additionally, it is unlikely you would be able to recover damages for pain and suffering in a divorce or annulment action.

  3. Jill K. Whitbeck

    Contributor Level 18

    2

    Lawyers agree

    Answered . You are missing facts critical to an analysis of whether or not you qualify for an annulment. First, what is his claim of fraud? Did you ever live together? If you did live together, did he immediately leave upon learning of the fraud (or whatever grounds upon which he believes you qualify for an annulment)? The two week length of your marriage is only relevant to a "failure to have a meeting of the minds" argument -- but that is a very weak basis to try for annulment. Most likley you will do much better trying for an annulment, but pleading for a divorce in the alternative, so that either way this relationship is ended. And my NEVADA colleagues are absolutely right on the "breach of contract" stuff for damages -- you don't get a dime in Nevada when your marriage doesn't work out. You need to go see an attorney (or he does) and get your paperwork going.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  4. Christi Anne Sanders

    Contributor Level 5

    Answered . An annulment. Even if there was a sustainable claim for breach of contract, and even if you were awarded money for your pain and suffering these last two weeks of marriage, will be happier to annul your brief marriage rather than divorcing. It is much more sensible for the two of you to annul. And even if you remained married, don't forget that, even if you were awarded money for your suffering, they would have to get him to pay the judgment before you'd feel better about it. I hope your luck will improve. Take care!

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