View Full Version : Can still get annulment
outsider8989
Jan 4, 2011, 10:57 PM
I was just wondering if I can still get annulment even if I filed for divorce in June 2010? Well you see I married a man in 2007 I was 17 I am an american citizen and I thought he loved me for who I am, he was an immigrant. I got pregnant and my daughter is now 2years old. Whenever we argued he always said 'she was a mistake' and he treated me very badly after he got his green card, I also got pregnant again and he wanted me to get a abortion I disagreed and the pregnancy ended up in a miscarriage. I have emails that are from family members saying the he only married me for papers? What can I do from here?? My next court date is in February,and I'm still legally married. I have no attorney and I am just lost b.c I want full custody of my daughter?? please help me!!
Too late for an annulment, time for a divorce.
belgia
Jan 4, 2011, 11:32 PM
I would suggest also filing a complaint with immigration.
outsider8989 does not find this helpful : WHY IS IT STILL LATE?
In most cases an annulment is only allowed during the first few months. You have gone 3 YEARS now. Too late for an annulment.
feroluce
Jan 5, 2011, 02:40 AM
Legally, marriage is for the purpose of creating children (a really archaic basis... ).
You can only get an annulment if the marriage wasn't consummated.
If you got pregnant, obviously the marriage was consummated.
In some cases, theoretically, the marriage can be annulled if children cannot be produced.
If you didn't have your daughter, him arguing for abortion or the miscarriage could have been used to argue this case, but it's a very tricky process.
The immigration route is a minefield. If he only married you for a Green Card and you knew about it, you're in as much trouble as he is. I'd lose those emails if I were you.
ScottGem
Jan 5, 2011, 04:50 AM
First, may I call your attention to the guidelines for using the comments feature found here:
https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html
However, your situation MIGHT qualify for an annulment. The difference between an annulment and a divorce is that divorce ends a marriage, annulment says it never happened. One of the usual grounds for annulment is fraud. So, if it can be proven that he married you only for citizenship, that might qualify as fraud. Another issue is whether your parents agreed to the marriage since you were underage.
The odds are against you however, because of the amount of time and the fact that you had a child. A divorce might be better for you financially. Annulment won't, however, negate the fact that he is the father of your child.
You really need an attorney to advise on the possibility and advantage of annulment over divorce.