My husband is gay can i get an annulment

Some courts consider a spouse's concealed homosexual activities as a fraud, but homosexuality alone is most likely not grounds for annulment. Read more. The basis of an annulment is that the person seeking one must prove that he or she was induced to marry on the basis of a fraud (he said he was straight, but actually is gay). You should contact a local divorce attorney to see if your case will work or whether you will need to file for a divorce.

He admitted upon confronting that he knew he was gay before marriage but he didn't want to come out due to social pressure (he comes from a very conservative family) but now feels guilty. A marriage can be annulled only when the law considers your marriage either void or voidable.

Examples of void marriages—unions that aren't legal to begin with—are where there's bigamy or incest. Virtually anyone can get a no-fault divorce, but you can only get an annulment if you meet certain criteria. Consider carefully which approach is right for you and may wish to talk with a. My husband didn't want to get divorced and wanted me to cover for him.

Comments by Users No Comments! The usual evidence provided is photographs showing the husband with his lover, the court said.

Annulment - Kevin Brophy

I can't recommend them enough. Answer 4 votes. Answer 3 votes. They are threatening by saying we have lawyers in our family. Please select city where you need lawyer Please select your city. Queens 36th St, Astoria, NY There are people getting married for money, property or a Beijing hukou [household registration] or a green card. Connect with a Lawyer. I won't keep you waiting.

You are in the safest hands with spodek. The law requires that if one or more of these defects. Sanjay Kr. They had been helpful and empathetic to my stressful situation. When to call a personal injury attorney Read More. If the court deems that, even as an innocent party you were willfully blind to the truth, it will not nullify the marriage.

One common myth is that the annulment will dissolve a valid marriage. Having said that, there is authority for the fact that wilful refusal can be a ground in certain circumstances. Delay can also prevent such an order being granted and the courts have also stated that if they find that the parties have colluded and have not given a true history to the court, an annulment may not be granted.

Hu Zhijun, the executive director of PFLAG China, an organization for gay people and their relatives, said "behind the appeal to annul the marriage is discrimination against divorced people. Some wives claimed that they did not have an intimate relationship with their husbands and remained a virgin, according to the court. The discovery that one party was gay subsequent to the marriage ceremony has, however, been found to be a ground for an annulment.

How long can you be married and still get an annulment

Since the timing of the activity determines whether a marriage can be annulled, there may need to be proof that one spouse engaged without the knowledge of the other spouse. Unlike separation or divorce, an annulment means that the State accepts that the marriage never legally existed in the first place. However, the court pointed out because of the sensitivity to LGBT issues and lack of law and theory in this field, it would be impossible to approve the annulment of the marriage.

Furthermore, a solidly proven case of fraud still might not be enough to receive an annulment of the marriage. It is well established in Ireland that if your partner was pregnant when she married and this fact was hidden from the other spouse, this is not a ground for an annulment and neither is the fact that you might believe your partner to be extremely wealthy and they subsequently turn out to be impoverished.