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Will I be able to file for an Annulment vs Divorce in the state of Oklahoma under the grounds of fraud?

Durant, OK |

Our marriage has been in separation since August, 2013 and we were married on May 31, 2013. 4 months is all the marriage lasted. It was found that my husband was addicted to pornography and sex chat sites. He knew this was what broke up my last marriage and would not be tolerated. I have all the Annulment paper work ready and notarized but the filing fees is what I am waiting for.

Attorney Answers 4

Posted

We have successfully had a number of Annulments entered in cases where you can show the court that one or both of you failed to disclose certain facts, that "had you disclosed them, would have prevented the other from entering into the marriage." On your stated facts, he failed to disclose his addiction to pornography and sex sites, and maybe even that you failed to disclose that if he had such an addiction, that you would NOT enter into the marriage. I don't know how the Judge in Bryan county would look at this, but if you both sign off on it as an annulment, it is very likely that the judge will approve it for entry.

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Posted

You can seek an annulment. You may well be successful.

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Posted

Yes, it is possible to obtain an annulment of a marriage due to fraud and the fact that you would not have entered into the marriage had you known the truth. I handled one of these annulment cases 11-12 years ago with complete success. Take a look at these recent Oklahoma cases: MULLER v. MULLER
2013 OK CIV APP 90
311 P.3d 1247

SEIRAFI-POUR v. BAGHERINASSAB
2008 OK CIV APP 98
197 P.3d 1097

You can access these cases for free on www.oscn.net

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Posted

You can file for an annulment and may be granted it if you can show that you would not have entered into the marriage had you known the truth. If both you and your soon to be ex-husband sign off on the annulment pleadings, then there is a high possibility that the Judge will grant it as well.

This answer should not prevent you from speaking to a lawyer and disclosing all facts about your case. Additionally, it should not prevent you from filing to see if you are eligible. Please seek an attorney for an initial consultation to review all the specific facts of your case.

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