annulment vs divorce

[justmel71]

I was married in October of 2007. My husband and I have never lived in the same house. I'm bound to my county by a previous divorce (child custody issue) and he lives in another county about 300 miles away. During the marriage he has promised to move here as soon as he could get a transfer through work, but always has some excuse as to why he can't transfer 'right now'. I've found out of multiple affairs, that he's represented himself as being in an open marriage (if it was open, he forgot to tell me about it) and he's recently had twins with another woman (he called me the morning she went into labor to tell me). We have never shared a home, have no children together and no marital property. I would like to get an annulment but I'm unsure whether or not what he's done would be considered fraud for the annulment requirement. Any help or advice would be appreciated. I've found everything I need in order to do a pro se divorce, but haven't been able to find the forms I would need or the steps to take in order to file for an annulment.

Thank you

 

[irish223]

I was married in October of 2007. My husband and I have never lived in the same house. I'm bound to my county by a previous divorce (child custody issue) and he lives in another county about 300 miles away. During the marriage he has promised to move here as soon as he could get a transfer through work, but always has some excuse as to why he can't transfer 'right now'. I've found out of multiple affairs, that he's represented himself as being in an open marriage (if it was open, he forgot to tell me about it) and he's recently had twins with another woman (he called me the morning she went into labor to tell me). We have never shared a home, have no children together and no marital property. I would like to get an annulment but I'm unsure whether or not what he's done would be considered fraud for the annulment requirement. Any help or advice would be appreciated. I've found everything I need in order to do a pro se divorce, but haven't been able to find the forms I would need or the steps to take in order to file for an annulment.

Thank you

Adultery isn't generally considered fraud for annulment purposes.

In most cases, obtaining a divorce is much quicker and easier than obtaining an annulment. If you are determined to get an annulment, then you should visit your local courthouse if you can't find the forms online, or consult with a local attorney.

 

[justmel71]

Well I didn't think that adultery was the fraud. What I did consider fraud was that entered into the marriage telling me that he'd move as soon as he could transfer, but turned down transfers without telling me. Also that he's represented himself to be in an open marriage so that he could have affairs, but never mentioned to me that he was doing this. The actual adultery was just the icing on the cake. Also, because of the fact that we've never lived together, I thought it might be quicker to get the annulment since what I have found online so far has stated that it doesn't require the 60 day waiting period.

Thank you for your response. I may end up having to go that route.