[stacyo]

Hi everyone-
I recently got married in August to my long time live in boyfriend and father of my twin girls. Our relationship was pretty rocky before our wedding day but I told myself that things would get better after we were married and I also was tired of not having the same last name of my daughters. Our relationship has had more bad days than good days and have gotten increasingly wose since August. Whenever my husband is upset with me he yells at me in front of the children and also hits me in front of them. A week ago he came home drunk and started the normal screaming and hitting so I called the police. They arrived at my house and assisted me in getting my children so that I could go to my parents house. I realize that our marriage was a big mistake and would like a divorce or an anulment as soon as I can. Can anyone tell me if I would at least qualify for an anulment or is a divorce the best solution to my dilemma. Thank you all for your anticipated help. Stacy

[Alty]

This is what I found. These are the ground for annulment;

Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including the following:

Either spouse was already married to someone else at the time of the marriage in question;
Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age.)
Either spouse was under the influence of drugs or alcohol at the time of the marriage;
Either spouse was mentally incompetent at the time of the marriage;
If the consent to the marriage was based on fraud or force;
Either spouse was physically incapable of being married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
Prisoners sentenced to a term of life imprisonment may not marry.
Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
The guilty party -- the one with responsibility for having caused the defect in the marriage -- is ordinarily disentitled to request a declaration of nullity. The victimized spouse may ordinarily apply for innocent spouse relief. The fact that a marriage was a nullity ordinarily does not prevent an innocent spouse from collecting the financial benefits of marriage, such as the rights to community property, spousal support, child support, and equitable contribution to attorney fees for litigation expenses.

Hope this helps.

[George_1950]

Welcome to AMHD. Divorce is the way to go, especially because of the children. Just curious: do you still want his last name?

[stacyo]

Welcome to AMHD. Divorce is the way to go, especially because of the children. Just curious: do you still want his last name?

Yes I do just because of the girls. Why?

[George_1950]

Just curious, that's all. What if you remarry, or is that too complicated?

[Fr_Chuck]

You will need a divorce, and need to get child custody and child support arranged.