For situations where you just got married and have good cause to be wish you hadn't, you can seek an annulment. An annulment is not the same as a divorce. An annulment is where the court unwinds a new marriage so that it's as if it never happened. You can request an annulment yourself, or your parents or guardian might request it if you are under 18 and didn't have their permission to get married. You don't get an annulment just because you ask for one; the law tells us what situations warrant an annulment, and you have to be able to prove one of those applies. "I just changed my mind" won't work.

What qualifies me for an annulment?

I'm underage. If you are 16 or 17 and got married without the permission of your parents or a judge, your parents have 90 days to ask the court to annul the marriage. The court does not automatically have to grant the annulment; it will consider the welfare of the parties and then decide. Once you turn 18, or if it's been more than 90 days since the wedding, they can't seek an annulment.

I was drunk or stoned and didn't know what I was doing. If you were under the influence of drugs or narcotics at the wedding, you have an argument that you weren't in your right mind and couldn't give your consent to be married. However, if you voluntarily continue to live with the person after you sober up, then you can't get it annulled later.

I was tricked or forced into marriage. Maybe your spouse led you to believe he or she is straight, but you find out after the wedding that he or she is gay. Or maybe you got married because your parents forced you to. If you were married through fraud, duress, or force, you can ask for an annulment. If you voluntarily continue to live with the person after after you find out about the fraud, or after you're released from the duress of force, then you can't ask for annulment.

My spouse has a mental disease or defect. If your spouse has a mental disease or defect that you didn't know about before the wedding, you can seek an annulment. If you voluntarily continue to live with the person after you discover the mental disease or defect, you can't ask for an annulment later.

My spouse can't have sex. If your spouse is permanently impotent and didn't tell you before you got married, you can ask for an annulment. It doesn't matter if the impotence is caused by physical or mental issues. If you voluntarily continue to live with the person after you discover the impotence, then you can't seek an annulment later.

We didn't wait the required time. If you didn't wait the required 72 hours from the time you got the marriage license, you can ask for an annulment during the first 30 days of marriage. If you discover your spouse was divorced from someone else less than 30 days before your wedding, and didn't tell you, and you couldn't have reasonably known about it, you can ask for an annulment during the first year of marriage.

If you need an annulment, contact The Law Office of John Sharp.

Disclaimer: This article is intended for information only and is not legal advice. Every situation is unique and you should consult with an attorney regarding your particular circumstances.