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Posted (edited)

This question probably comes up a lot when people are separating after a short time married ... do we seek a divorce or an annulment of the marriage contract?

 

Laws vary a lot. Generally, in order for an annulment to be appropriate, there has to be some sort of misrepresentation or fraud by one of the parties. An amusing example I once read was "if you intended to marry a woman, and that person turned out to be a man, that would be a case for an annulment". People misrepresent themselves in a lot of ways; there's even a thread on this forum about women who are "fatter than their online photos". In this case the deception is quite poor, so one would be hard pressed to make a solid argument.

 

What about hidden defects? What about when you buy a car that turns out to be a lemon, or a house that has black mold growing in the walls? Some people have hidden defects (substance abuse, gambling, compulsive behaviors, mental illness) that might not be immediately visible. What recourse do you have when your partner "falls off the wagon" after a year of marriage? Is this fraud?

 

What if things just aren't what you signed up for? No happily ever after for you?

 

On a similar note, what sort of parting is too impersonal? If someone misrepresented themselves, is it ok to pull a "Phil Collins" and divorce your wife by FAX? Should she just wait for the bailiff to show up with the papers, or are you obligated to explain to that person how they "wronged" you? What if they simply won't accept the truth about themselves? Is that your problem?

 

Thoughts and experiences are welcome.

Edited by subhub40
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