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Fame0902 · May 29, 2012, 11:43 AM

Hi! I am living with a partner right now for almost 6years. He is separated for 11years and his child is under our custody or shall I say ever since that they are separated the child is on my partner because the mother doesn't want her child to live with her due to financial reason. I am a single mom when we have met,meaning I never get married. They are married on a church wedding but they just lived together for 1 year on and off relationship. The wife has the tendency for mental incapacity because one time, witnesses can testified that whener they had fight the wife threatened the life of their almost 1year old baby then. Fast forward, the wife has her own family now, she enter on that relationship before me and my partner as it's evidently on the ages of our kids. I and my partner has a 4yo kid, while the wife has 5yo and 2yo kids. We want to file ANNULMENT but we're not sure what our the steps. Is the case easier because they have been separated for more than a decade? What is the correct process and the initial fee?

ebaines · May 29, 2012, 11:52 AM

Fame09092 - where are you located? You asked about an annulment but I think what you really are asking about is how your partner can divorce his wife. I suggest that he consult with an attorney to see what the steps are. The fact that they have been apart for over 11 years and that they each have children with other people should certainly help the case. As part of the diviorce settlement they will have to work out custody and visitation rights for their child.

JudyKayTee · May 30, 2012, 09:53 AM

First, where are you?

If you are in the US - or anyplace else I can think of - this is HIS individual problem, not yours. I see no grounds for annulment. "Tendency" to mental problems is NOT grounds.

Why not a divorce? No, having children with other people does not make a difference but having children when you are not married CAN enter into a custody dispute. You aren't committed enough to get divorced and marry but you are committed enough to have children? Sometimes the Court has a problem with that.

Fr_Chuck · May 30, 2012, 10:46 AM

They have to get a divorce at this point.

ScottGem · May 30, 2012, 12:28 PM

Once a union is consummated (and a child is proof of consummation) an annulment is usually out of the picture.

Most areas no have no-fault divorces that should be easy to get.