I recently found out thru the grapevine that my husband started using crack. Hes due for a dui trial [3rd dui, highest rate]...and most likely will be serving jail time. [for the record i dont do anything but smoke cigs and drink very rarely]. I have things missing from my house and i have two wonderful children and i dont want them subjected to this life style of his any longer but for safety reasons dont want to leave him till hes incarserated. Do i possibly have grounds for anullment because i cant afford a divorce. [we got married 12-16-11] and can i have the courts give him a drug test upon incarseration to use for custody and divorce/annulment reasons? Thank you for your time..any help is greatly appreciated.
From the information you have provided it does not seem like a legal annulment is an option for you. The following summarizes legal annulments in Pennsylania:
Annulments are available in a very limited amount of circumstances. An annulment is a legal declaration that the marriage never existed, this differs from a divorce, which is a legal declaration that the marriage is over. There are two types of annulments, those that are “void” and those that are “voidable”.
A void annulment may be granted in situations such as:
-Where a party was married previously and entered into a new marriage without obtaining an annulment or divorce of the first marriage;
-If the parties entering into marriage are related within the prohibited degrees of consanguinity;
-If a party is unable to consent to the marriage due to insanity or serious mental disorder; or
If either party to a purported common-law marriage was under the age of 18.
A voidable annulment may be granted in situations such as:
-If either party to the marriage was under 16 and court authorization was not obtained;
-Where either party was 16 or 17 and did not have parental or court consent;
-Where either party was under the influence of drugs or alcohol and the action is filed within 60 days following the ceremony;
-Where a party is impotent and the other party was not aware prior to marriage; or
-Where a party was induced to be married by fraud, duress, coercion or force attributable to the other party and there has been no voluntary cohabitation following the knowledge of the fraud or after the fraud, duress, coercion or force has been removed.
Also, annulments are not always cheaper than a divorce. I am not sure how long he will be incarcerated, but that could be grounds for a fault based divorce. If he is in agreement to the divorce, it is fairly cheap and entails filing the complaint and waiting 90 days to sign affidavits and waivers. If he is not in agreement, you can be made to wait 2 years.
Since you were only married for a few months, there should not be much in terms of equitable distribution or support. My suggestion is that you meet with a local family law attorney and start the process now so that the clock begins ticking for you to get away. If he is in prison it should not be an issue, but you can motion the court for exclusive possession of the home if he is out. I wish you the best of luck.
Ashley L. Folio, Esquire
Folio & Associates, LLC
401 Shady Avenue
Pittsburgh, PA 15206
The response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. Attorney is licensed to practice law only in the State of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
Attorney Folio has provided you with valuable information. Consult with an attorney.
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