Loopholes to get an anullment?

[krye]

What is the name of your state (only U.S. law)?

 

[krye]

This post isn't showing up on my side, so in case it did go through:

My daughter is 18 and married her boyfriend of 5 years 3 weeks ago (I agree, way too young). He is 16 and had parental consent. He left her 19 days into the marriage. He was pretending to go to work in order to have an affair with a girl he met at the wedding. She confirmed with his former employer that he had actually lost his job 2 weeks ago, but he was putting on his uniform and leaving to go see her. He and this girl are together now and just got an apartment together. We would rather have this annulled rather than have her be an 18 year old divorcee. I found the grounds for annulment in NM but she doesn't fall into any of the categories, but I've heard of other reasons not listed that could be considered grounds, so I'm just wondering if there actually are other things that could be taken into consideration to grant an annulment like cheating immediately or lying about being employed, or anything else we could work with. The grounds for annulment in my state are:

you or your spouse was under age 16 at the time you married
you or your spouse was under age 18 at the time you married and did not have consent to marry from a parent or guardian
the marriage was illegal because you and your spouse are too closely related, or
bigamy, which means that you or your spouse was married to someone else at the time of your marriage.

Also, since he has broken all contact and we don't know where he lives, can she get this annulled or get divorced by default? And does getting married as a minor grant him emancipation? I've heard mixed stories about that and who would be considered legal guardian after marriage.

 

[cbg]

There is a reason we ask for your state. Many of the questions you ask depend on state law.

 

[krye]

Like I said in my post, NM.

 

[Proserpina]

This post isn't showing up on my side, so in case it did go through:

My daughter is 18 and married her boyfriend of 5 years 3 weeks ago (I agree, way too young). He is 16 and had parental consent. He left her 19 days into the marriage. He was pretending to go to work in order to have an affair with a girl he met at the wedding. She confirmed with his former employer that he had actually lost his job 2 weeks ago, but he was putting on his uniform and leaving to go see her. He and this girl are together now and just got an apartment together. We would rather have this annulled rather than have her be an 18 year old divorcee. I found the grounds for annulment in NM but she doesn't fall into any of the categories, but I've heard of other reasons not listed that could be considered grounds, so I'm just wondering if there actually are other things that could be taken into consideration to grant an annulment like cheating immediately or lying about being employed, or anything else we could work with. The grounds for annulment in my state are:

you or your spouse was under age 16 at the time you married
you or your spouse was under age 18 at the time you married and did not have consent to marry from a parent or guardian
the marriage was illegal because you and your spouse are too closely related, or
bigamy, which means that you or your spouse was married to someone else at the time of your marriage.

Also, since he has broken all contact and we don't know where he lives, can she get this annulled or get divorced by default? And does getting married as a minor grant him emancipation? I've heard mixed stories about that and who would be considered legal guardian after marriage.

Yes, marriage emancipates a minor.

Divorce is easier than emancipation; if they don't meet the requirements then they don't meet the requirements. Generally annulment returns guardianship of the minor back to the minor's parents. If this is not the case in NM, then that's not the case.

 

[cbg]

Under NM law since he has entered into a legal marriage he is emancipated and will remain so even if the marriage is dissolved. As such he has no legal guardian.

Since your daughter does not meet any of the grounds for annulment, she cannot get an annulment. There are no loopholes or other considerations. She will have to get a divorce if she wants the marriage dissolved.

Since she is 18 and thus a legal adult, there is no "we" in this. Be as supportive as you like; collect all the information for her that you or she wants. But SHE, not you, is the one driving the bus. SHE, not you, makes the decisions on what to do.

I'm not telling you not to be concerned or that you're wrong to be asking the questions. I have a daughter myself; I know what I'd feel like in your shoes and what I'd want to do to the kid in question. I just want to make sure you remember, since right now you are no doubt too upset to keep it in mind, that these are not your decisions to make.

 

[krye]

Yes, marriage emancipates a minor.

Divorce is easier than emancipation; if they don't meet the requirements then they don't meet the requirements. Generally annulment returns guardianship of the minor back to the minor's parents. If this is not the case in NM, then that's not the case.

Does divorce return guardianship to his parents too, or just annulment?

 

[cbg]

In NM, neither returns guardianship to his parents. Having entered into a lawful marriage, he remains emancipated regardless of the status of the marriage itself.

 

[krye]

Under NM law since he has entered into a legal marriage he is emancipated and will remain so even if the marriage is dissolved. As such he has no legal guardian.

Since your daughter does not meet any of the grounds for annulment, she cannot get an annulment. There are no loopholes or other considerations. She will have to get a divorce if she wants the marriage dissolved.

Since she is 18 and thus a legal adult, there is no "we" in this. Be as supportive as you like; collect all the information for her that you or she wants. But SHE, not you, is the one driving the bus. SHE, not you, makes the decisions on what to do.

I'm not telling you not to be concerned or that you're wrong to be asking the questions. I have a daughter myself; I know what I'd feel like in your shoes and what I'd want to do to the kid in question. I just want to make sure you remember, since right now you are no doubt too upset to keep it in mind, that these are not your decisions to make.

Thanks, I understand, I just meant that she wants this, and I want it for her.

 

[I'mTheFather]

Why so curious about your son-in-law's status as emancipated?

 

[cbg]

Then her first step is to talk to a divorce attorney.

 

[cbg]

Why so curious about your son-in-law's status as emancipated?

Yeah, I kind of wondered about that too.

 

[krye]

Why so curious about your son-in-law's status as emancipated?

Because I think he put her through all this just to be emancipated. A $25 marriage certificate is cheaper than emancipation and it doesn't make waves with his parents.

 

[I'mTheFather]

Because I think he put her through all this just to be emancipated. A $25 marriage certificate is cheaper than emancipation and it doesn't make waves with his parents.

Smart kid.

Not honorable, but smart.

 

[Proserpina]

Yeah, I kind of wondered about that too.

(Thank you for clarifying re: NM - I fear I may have left my marbles in a bucket labelled "Oh come on Pro, emancipation for the purposes of child support - which can, depending on state law, be reversed - is not the same thing")

I think I would have a decent shot at guessing the motivation behind the question though.