Legal Question in Family Law in Virginia

divorce or annulment

How long do I have before I can get an annulment instead of a divorce? My husband and I were married in December of 2005 and before our wedding he promised me that he would never physically abuse me. I have been beaten several times, he has threated my life and I do have a protection order now, but that doesn't normally help. Can I get an annulment or do I have to go through divorce proceedings? I am willing to admit to a lie I told him before we were married, I don't care to take the blame, I just can't take any more abuse..


Asked on 9/01/06, 10:19 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: divorce or annulment

I'm sorry to report that you cannot get an annulment based upon physical cruelty but you can certainly file a fault ground divorce based on that (in which obtaining protective orders is excellent evidence). An annulment is the legal decision that the marriage itself is illegal or you were frauded with respect to a MATERIAL aspect of the marriage (physical cruelty, although horrible, is not a material aspect of marriage, for instance your spouse lying about his religion or his impotency would be material).

Good luck

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Answered on 9/01/06, 7:36 pm


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