annulement or divorce?

[Mini]

What is the name of your state?What is the name of your state? Georgia
We got married a year ago. The marriage was never comensurated. About 6 months ago I found out he is HIV positive. He is also addicted to illegal drugs.
Does this qualitfy for an annulement?
Do I need a lawyer or can go for the 'Do it yourself' filing procedure?
How much is the difference in cost between a divorce and an annulement?

[rmet4nzkx]

You may receive an annulment if:

* You and your spouse are related as follows: parent/child, stepchild; grandparent/grandchild; aunt/nephew; uncle/niece.
* You did not have the mental capacity to enter into a contract.
* You were under the age of 16 when you entered into your marriage.
* You were forced to enter into the marriage.
* You were fraudulently induced to enter into the marriage.
* Your spouse was married to another living spouse at the time you entered into the marriage.

If you qualify, an annulment is vaild 30 days after the other party is served. Did he withold his HIV status, fraud?

[Mini]

I think he suspected it but he did not get tested until we married and then moved into a house.
Thank god, there has never been sexual contact, I'd be doomed...why doesn't that qualify?

[rmet4nzkx]

If you both, knew, or suspected and didn't have sex for that reason, then there is no fraud and you would have to get a divorce.
If you got married with the expectation of having a normal marital sex life and suddenly found out your husband is unable or unwilling to have sex but had enticed you into the marriage with the expectation of having a normal marital sexual relationship, then you could annul. In either event you will have to reach a settlement insofar as your marital assets, there is a possibility of spousal support for a limited time with an annulment and a longer time with a divorce.

[Mini]

spousal support? we have been married for only a year (in GA), I have been supporting him financially because he is not capable of supporting himself due to his drug addiction. The way I see it, the whole marriage was a fraud, he used me, my money, to continue his addictions (drugs, sex). I thought I had an easy case...not sure what the best route would be from here on. Any suggestions?

[rmet4nzkx]

Surely you suspected something was wrong when you didn't have sex? So if there was fraud, you have known or suspected for some time, It might be easier to get a divorce.

[Mini]

That is what I was afraid of, it does not seem fair. On top of it, he has sex all over town but not with me, which is a blessing, I guess. But doesn't cheating or adultery count at all? Is that even legal, knowing you are HIV-positive and to continue to have sex? Now that should be illegal, or a crime because you can pass on a death sentence, if you don't tell people. How does the law interprete that?

[LdiJ]

Originally Posted by Mini

That is what I was afraid of, it does not seem fair. On top of it, he has sex all over town but not with me, which is a blessing, I guess. But doesn't cheating or adultery count at all? Is that even legal, knowing you are HIV-positive and to continue to have sex? Now that should be illegal, or a crime because you can pass on a death sentence, if you don't tell people. How does the law interprete that?

Do you have a particular reason why an annulment is important to you? Because, honestly, annulments often take more time and can be more expensive than a divorce....so a divorce may be the wiser route for you anyway.

Yes, he can be convicted of a crime for having sex with people without disclosing the fact that he is HIV positive.

[ablessin]

You probably won't have an issue with spousal support. You should be able to walk away after one year with what you entered the marriage with.

Hire a good lawyer. If you knew he had a drug addiction, why did you marry him in the first place? Please don't tell me you thought he'd change.

[rmet4nzkx]

Originally Posted by Mini

That is what I was afraid of, it does not seem fair. On top of it, he has sex all over town but not with me, which is a blessing, I guess. But doesn't cheating or adultery count at all? Is that even legal, knowing you are HIV-positive and to continue to have sex? Now that should be illegal, or a crime because you can pass on a death sentence, if you don't tell people. How does the law interprete that?

It may not be fair, that is why adultery is grounds for divorce. If he is intentionally spreading hiv report him. Also get a DV restraining order and have him removed from your home. Get a good attorney.

[Mini]

Thank you, fortunately, he had already moved out before I went to get a restraining order. I am re-thinking my entire strategy now, a divorce may be the easiest and less expensive. A friend of his takes care of him now, I don't even think he would 'resist' the divorce, maybe a 'plain' irreconceivable differences would be sufficient? Isn't it all about strategy? If he does not give me any problems, do I have to throw all the bad things that he does at him? He already moved out, my home belongs to me, there is no discussion about anything else, we don't have anything together. I don't want any legal ties to him, that's pretty much all. Does a divorce have to be nasty? Can't we just separate and get on with our own lives?

[LdiJ]

Originally Posted by Mini

Thank you, fortunately, he had already moved out before I went to get a restraining order. I am re-thinking my entire strategy now, a divorce may be the easiest and less expensive. A friend of his takes care of him now, I don't even think he would 'resist' the divorce, maybe a 'plain' irreconceivable differences would be sufficient? Isn't it all about strategy? If he does not give me any problems, do I have to throw all the bad things that he does at him? He already moved out, my home belongs to me, there is no discussion about anything else, we don't have anything together. I don't want any legal ties to him, that's pretty much all. Does a divorce have to be nasty? Can't we just separate and get on with our own lives?

No, a divorce doesn't have to be nasty. If he cooperates then it can be relatively painless.

[ablessin]

In NY, I don't think "irreconceivible differences" is grounds for a divorce.... that is what I was told, and no other reasons fit.
No adultery, no abuse, etc...... so I had to file for a one year separation and then a non-contested divorce.

Since you have nothing with the guy, it should be fast, and cheap. Mine was about $700 for uncontested and it took about 5 weeks after I paid for it... paying for it took me a few months.

[rmet4nzkx]

If you can reach an agreement an uncontested divorce may take as few as 31 days. If you plan to do that you may wish to wait until after the agreement and the divorce is filed before reporting his intentional acts to spread HIV to innocent victims, as he may then contest the divorce. Or you can file for a fault divorce with adultery as grounds and his intentional acts to spread HIV will arise from that action. What ever you do, please make sure you report this and also that you still get a DV restraining order.

[url]http://www.gabar.org/communications/consumer_pamphlet_series/divorce/[/url]