My husband of 4 months has decided he doesn't want children. Can I file for an annulment under fraud or do I need to divorce?
3 attorney answers
I am reading between the lines here, and perhaps speculating a bit. Are you concerned with annuling the marriage due to religious reasons? I agree with the other attorney that you will make it expensive and difficult if you try to get a legal annulment in court. Get a divorce. That should not stop you from getting an annulment in your church on those grounds, making it okay to remarry. You may find the church annulment standards more sympathetic than the court ones. Hope this helps.
To obtain an annulment based on fraud, you'd need to prove that, WHEN YOU GOT MARRIED, your husband thought the way he does now, and lied about it or concealed it, as opposed to simply changing his mind later. This could be tough. Also, while if you could prove that your husband NEVER intended to have ANY children and concealed that fact, (along with, say, a vasectomy), you might have grounds, I know of no case which says that disagreement as to the NUMBER and TIMING of children is grounds for annulment..
All things considered, it would certainly be less expensive and complicated to proceed with a dissolution, but you may wish to consult with an experienced family law attorney and review all the details of your situation.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.