Ask Experts Questions for FREE Help !
Ask
    outsider8989's Avatar
    outsider8989 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 4, 2011, 10:57 PM
    Can still get annulment
    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!!
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #2

    Jan 4, 2011, 10:58 PM

    Too late for an annulment, time for a divorce.
    belgia's Avatar
    belgia Posts: 40, Reputation: 8
    Junior Member
     
    #3

    Jan 4, 2011, 11:32 PM
    I would suggest also filing a complaint with immigration.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #4

    Jan 4, 2011, 11:44 PM

    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's Avatar
    feroluce Posts: 30, Reputation: 7
    Junior Member
     
    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    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/feedba...ure-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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Annulment Justifcation? [ 5 Answers ]

My husband and I were married in May of 2006. He and I didn't live together until December of that year. However, right off the bat, he started with his disappearing acts which lead to him staying out all night. A few months later, I actually intercepted a phone call from someone that said she...

Annulment [ 2 Answers ]

Married 4 years, my wife is suffering mental illness. I have three kids living at home with me, she's older has grown children. Money is very tight and she has been declared disabled and is collecting SSI for a bad back. She has lied to me our entire marriage about previous employment and also...

Can I get an annulment? [ 3 Answers ]

I have been married for almost 16 years and now want a divorce. I recently discovered that my spouses divorce from a previous marriage had not been validated until three years after we were married. Would I be able to get an annulment?

Can I get an annulment? [ 4 Answers ]

I know annulments are only supposed to be if someone one lied about their status or in instances of incest, etc... what if I was the one who led my husband to believe I was more financially stable than I am, can I get an annulment or would he have to file for it? Is an annulment less expensive...


View more questions Search