Annulment possible?

[egmathey]

I live in Indiana and want to know if I can get an annulment. We were married 8 years this october 23. I want to use the reason of deception. She did not indicate in any way, prior to our marriage and during the first years of our marriage, her sexual orientation. She has just recently "come out" and moved out in August. Is this a justifiable reason to get an annulment instead of a divorce?

 

[dorenephilpot]

If you want an annulment for religious reasons, annulment is an avenue to pursue.

It's easier to get a divorce, however, because you won't have to prove "grounds." My guess is that you probably wouldn't have "grounds" for an annulment, nor proof of any alleged grounds.

If you have no kids and no property, you can do your own divorce. However, if you have those things at issue, you'd be better off to get an attorney to handle it for you.

 

[egmathey]

Thanks Dorene Philpot for the information. You have answered my question about the possibility of annulment. I guess I need to look up Canon law and see what my religion has to say about divorce and annulment.
I personally do not want to get a divorce because I do not see this as a no fault situation and I prefer not to bring all this up in front of a judge. I assume the annulment consideration would seem more discreet and subtle (in my opinion).
I am open minded to the opinions of others if they would like to give it to me.

 

[I AM ALWAYS LIABLE]

My response:

One caveat :

I'm not sure, but I think you're confusing Canon (religious) law with State law. Canon law does not negate State law; i.e., if you were to be able to obtain a religious annulment, doing so does not require the State to recognize the religious annulment. Suffice it to say, you're going to need to obtain a divorce by the State, in addition to any religious "annulment" you may obtain.

IAAL

 

[egmathey]

TO: I AM ALWAYS LIABLE
A thousand apologies o wise one. I fear I have confused you with my response (yes, I ran for public office once). I realize we are talking about two different things. The religious annulment is an avenue I have yet to pursue. Being Catholic, it will be a consideration.
My question originally was about getting an annulment based on Indiana law. There is a section that deals with this and it states that an annulment can be granted if there is deception. The examples they gave were such as being convicted of a felony and not informing the spouse of this prior to the marriage. I WANT to believe that I could be granted an annulment based on the fact that hiding your sexual orientation from your spouse until years after the marriage is a form of deception.
I do appreciate your response and you have enlightened this person who is often in the dark about legal matters. Thanks

 

[I AM ALWAYS LIABLE]

My response:

Okay, I'm glad we're on the same page.

An annulment is a ruling by the court that a marriage previously entered into was invalid. In order to have a marriage annulled, it is generally necessary to show fraud or incapacity at the time of the marriage ceremony. For example, one party may not have disclosed to the other an inability to engage in sex or have children; either of the parties may have been under the influence of drugs or alcohol when the marriage was entered into rendering them incapable of having the necessary mental capacity to enter into a contract; one of the parties may have been too young to enter into a valid marriage. An annulment is a decree from the court that the marriage never came into existence; it is as if the marriage never took place. For individuals who oppose divorce on religious grounds, annulment may be an option if the necessary requirements are met. Annulments are relatively uncommon because the grounds for obtaining an annulment are so limited.

Now, my next question to you is this - -

In order to obtain an annulment from the State on grounds of marital deception or fraud, you're going to need to prove that on the date of marriage, she knew that she was Gay, and even if she did know it, you'll need to prove that it was her "intent" to deceive you with her sexual predisposition.

" WHAT DID YOU KNOW, AND WHEN DID YOU KNOW IT "

How do you know that she knew on the date of marriage? And then, once that's proved, how do you know her "intent" to cause a fraud upon the marriage ? When did you know, as a fact, that she was Gay ?

IAAL

P.S. I lied. That was three questions.

 

[egmathey]

Reply to your three questions.....
1. She was gay at the time of our marriage. She told me her first experience was when she was in high school, and I did not know her at that time.
2. This is a double response. a) we had a discussion just before we were married when the issue of homosexuality was raised. I indicated that I had no problem with people who were homosexual as long as they did not try to influence others into their lifestyle (especially young people, who are more vulnerable). She replied by stating that she just couldn't understand how two women could engage in such an act. She said that it was totally gross and ended by quoting scripture by St. Paul. This is my indication that she was being deceptive about her sexual orientation and was deliberately tying to get me to believe she was definitely heterosexual. If I married her she would not have to support herself and would not have to work.
3. I found out she was gay from her. She admitted it about 18 months ago but had not been involved with another woman sexually until recently. And she did admit to this. This was when she told me of her first experience

I hope I have anwered your questions wirthout creating further confusion. if so, I apologize and thanks for your quick response.

 

[I AM ALWAYS LIABLE]

My response:

Okay.

So, boiled down to it's most basic response, you're saying, in effect, that you can't prove the elements required for a State sanctioned annulment.

Since she'll deny everything as being your lies, and your "hateful" retaliation for something else having gone wrong in your marriage, she'll claim that "annulment" on this ground is your way of trying to "cut her out" from what is rightfully hers from the marriage; i.e., if the marriage is fraudulent "ab initio", she'll claim that you're only alleging this type of fraud to make her look bad, and to receive the most favorable property settlement orders.

If you intend on obtaining an annulment on the ground of marital fraud, you had better have some tangible proof, or you're just going to waste your time and money.

Just a scenario. A thought.

IAAL

 

[egmathey]

To: I Am Always Liable

Thank you for your response. I am in agreement with what you said but still want to pursue the annulment.
I checked on this site and there was an indication, that in Indiana, one cannot use adultry, verbal or physical abuse, alcoholism, etc as a reason for a divorce.
I still feel that this is a situation where my best chance for fair treatment by the judicial system in this state is to try and prove the marriage fraud.
NOW, could you please give me a few examples of tangible proof.
I do not want to take depositions from her former lovers (who would probably want to deny an relationship) since I would like to keep this as much on the" high road" as possible.
A reply from you or others would be greatly appreciated.

I thank you for your responses and for the knowledge I have gained from those in your profession who have helped me by responding.

e.g.