Legal Question in Family Law in Pennsylvania

I am wondering if I have grounds for an annulment. I have been married for about 5 months, we have no assets together, and no children. I knew my husband had had a past with drug addiction however I was told and led to believe he was not using. He knew I would not marry him if he was still using drugs. 2 months after our wedding he checked himself into an extensive rehab facility. He has been gone since then. He recently informed me that he was using drugs prior to our wedding and on the day of. I believe this is misrepresentation, concealment, and in turn led me to marry on false statements that I believed to be true. Because I would not have married him if he had divulged this information prior to, would I have good grounds for annulment? We have not lived together since the drug addiction presented two months after our wedding.

I do plan to seek out an attorney.

Thank you!


Asked on 3/04/14, 7:09 pm

1 Answer from Attorneys
Rachel Hunter

Maybe; see the statute below:

23 Pa.C.S.A. � 3305. Grounds for annulment of voidable marriages

(a) General rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases:

...

(3) Where either party to the marriage was under the influence of alcohol or drugs and an action for annulment is commenced within 60 days after the marriage ceremony.

(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.

(b) Status of voidable marriage.--In all cases of marriages which are voidable, either party to the marriage may seek and obtain an annulment of the marriage but, until a decree of annulment is obtained from a court of competent jurisdiction, the marriage shall be valid. The validity of a voidable marriage shall not be subject to attack or question by any person if it is subsequently confirmed by the parties to the marriage or if either party has died.

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You need to seek out a family law attorney immediately.

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Answered on 3/04/14, 8:29 pm


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