Legal Question in Family Law in Virginia
Chances of an annulment
What are the chances an annulment would be granted? Are they granted very often and is this something we could file ourselves?
The reason would be due to fraud, the husband claims didn't love and wanted to cancel wedding but felt it was to late and now that he is in it he can't live with his decision and is now causing emotional abuse/duress.
2 Answers from Attorneys
Re: Chances of an annulment
The grounds for annulment are very narrow: parties under 15 at the time of the marriage; parties did not have a marriage license; parties too closely related; party naturally and incurably impotent; party convicted of felony before the marriage w/o knowledge of the other party; wife pregnant by someone other than the husband; husband fathered a child born to another woman within 10 months of the marriage; either party a prostitute before the marriage without the knowledge of the other party; or (the most difficult to prove) marriage procured by fraud or duress.
And if the parties cohabited after learing of any of those grounds, no annulment can be had.
Based on what you've written, you're going to have to get divorced. That you could possibly do without an attorney. An annulment you couldn't do, perhaps even with an attorney, unless someone lies, and I don't believe parties should lie to the courts.
Re: Chances of an annulment
There are several ways to file for an annulment in VA and although fraud is one of them the facts that you state in your post "he didn't love you and wanted to cancel the wedding" do not rise to the level of fraud required by the courts. You can still file for a divorce, however, if you so desire!