kimbe said:
I married my husband while he was locked up in county jail for what I thought was child support. He was picked up on a violation of parole and is now in a state pen. I also found out that not only does he have one, but two children. We were married eight months ago, but can I still get an annulment in Tn and what must I have to prove the reasons? Must I hire a lawyer?
My response:
Should you hire an attorney, you ask ? Well, that all depends upon you. If you're a graduate of an accredited law school in Tennessee, then I can't imagine why you'd need to. However, if you're not, then you might want to consider hiring an attorney. But, it's up to you.
Annulment in Tennessee
In Tennessee annulment is very rare, except for cases of bigamy or minors under 16. Annulment means that certain legal requirements were not met at the time of the marriage.
With few exceptions, it is unlawful to issue a marriage license to any couple where either party is under sixteen. Any marriage in violation of this law may be annulled by the couple or any interested person acting in one of the person's behalf.
When a marriage is absolutely annulled the parties shall be at liberty to marry again.
The annulment of the marriage shall not affect the legitimacy of the children.
In a suit for annulment, divorce or separate maintenance, where the custody of a minor child or minor children is a question, the court may, notwithstanding a decree for annulment, divorce or separate maintenance is denied, award the care, custody and control of such child or children to either of the parties to the suit or to both parties in the instance of joint custody or shared parenting, or to some suitable person, as the welfare and interest of the child or children may demand, and the court may decree that suitable support be made by the natural parents or those who stand in the place of the natural parents by adoption. Such decree shall remain within the control of the court and be subject to such changes or modification as the exigencies of the case may require.
Read ALL of the laws concerning annulment here:
http://www.vantek.net/pages/wjslaw/wjsdiv1.htm
Good luck to you,
IAAL
