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Seperation Vs. Annullment

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falcon8384

Junior Member
What is the name of your state? VT

I just recently found out that my husband has been cheating on me through Phone Sex Hotline Phone Numbers.. I have told him to leave the apartment that we share.. Although he hasn't completely moved out, I have told him that I need my space.. I cannot however forgive him or trust him again.. We haven't been married a year yet, and I don't want to be with him any longer. Should I file for seperation or annullment? We don't have a house or children together..
 


HPL66

Junior Member
separation vs annullment

if you're not looking for any monetary compensation out of the marriage..then go for the annullment...
 
S

shell007

Guest
HPL66 said:
if you're not looking for any monetary compensation out of the marriage..then go for the annullment...
I seriously doubt that there would be any monetary compensation...they have been married less than one year.
We haven't been married a year yet
OP..did you mean to ask annulment vs. divorce?
 

Ohiogal

Queen Bee
HPL66 said:
if you're not looking for any monetary compensation out of the marriage..then go for the annullment...
Based on what???? That doesn't even fit the Vermont statutes which states the following:
§ 512. Voidable marriages-Grounds for annulment generally

The marriage contract may be annulled when, at the time of marriage, either party had not attained the age of sixteen years or was an idiot or lunatic or physically incapable of entering into the marriage state or when the consent of either party was obtained by force or fraud.


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Would you like to try again?
As for legal separation:

§ 555. Legal separation

A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted. (Amended 1981, No. 247 (Adj. Sess.), § 1.)


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§ 551. Grounds for divorce from bond of matrimony

A divorce from the bond of matrimony may be decreed:

(1) For adultery in either party;

(2) When either party is sentenced to confinement at hard labor in the state prison in this state for life, or for three years or more, and is actually confined at the time of the bringing of the libel; or when either party being without the state, receives a sentence for an equally long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states of the United States, or in a federal court, or in any one of the territories, possessions or other courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually confined at the time of the bringing of the libel;

(3) For intolerable severity in either party;

(4) For wilful desertion or when either party has been absent for seven years and not heard of during that time;

(5) On complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do;

(6) On the ground of incurable insanity of either party, as provided for in sections 631-637 of this title;

(7) When a married person has lived apart from his or her spouse for six consecutive months and the court finds that the resumption of marital relations is not reasonably probable. (Amended 1969, No. 264 (Adj. Sess.), § 1; 1971, No. 39, eff. May 1, 1971; 1971, No. 238 (Adj. Sess.), § 1, eff. April 6, 1972; 1973, No. 201 (Adj. Sess.), § 9.)
 

Ohiogal

Queen Bee
OP be aware that your definition of cheating may NOT be considered adultery in Vermont hence you would have to try one of the other grounds for divorce.
 

falcon8384

Junior Member
How do I know if my Classification of cheating meets with the adultery issue?? Would I have to provide proof? Would the phone bills do for proof??? I don't know what else I can do to prove it... He doesn't think that it's cheating.. But I do, and at this moment that's all that matters!!!! Would annulment be quicker? Or Divorce?
 

moburkes

Senior Member
falcon8384 said:
How do I know if my Classification of cheating meets with the adultery issue?? Would I have to provide proof? Would the phone bills do for proof??? I don't know what else I can do to prove it... He doesn't think that it's cheating.. But I do, and at this moment that's all that matters!!!! Would annulment be quicker? Or Divorce?
Your OPINION doesn't matter when it comes to the law.

Adultery

What is the Definition of Adultery?

Are the Signs of Adultry easy to see? Adultery is voluntary sexual intercourse between a married person and a person other than the offender's spouse. It is a fault ground for divorce, which means that there is no waiting period for getting a divorce. If a party pleads and proves adultery, the divorce will be granted immediately.
 

Ohiogal

Queen Bee
falcon8384 said:
How do I know if my Classification of cheating meets with the adultery issue?? Would I have to provide proof? Would the phone bills do for proof??? I don't know what else I can do to prove it... He doesn't think that it's cheating.. But I do, and at this moment that's all that matters!!!! Would annulment be quicker? Or Divorce?
Cheating like this is not adultery. It may not even be considered as cheating if he has a logical explanation for what he is doing. And YOU CANNOT GET AN ANNULMENT! Did you not read what I posted?????
 

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