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Annulment or divorce?

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gaby_c2010

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

I am currently stationed in Colorado in the Army. I got married 6 months ago. Ive only seen my husband a couple of times since then. I send him money every pay check. He lives in Texas, we have never consummated the marriage, and it is not working out. I now realize I made a mistake in marrying him. He is upset and demanding about half of my pay check. Can I get an annulment? Or would I need to get a divorce? I know he wouldn't want to sign the divorce papers because he would lose all of his benefits. So what can I do?

We do not have any chidren, haven't filed joint income tax, we do not share bank acounts, and we have never lived together.
HELP!
 


nextwife

Senior Member
A divorce is going to be cheaper and easier. Why do you send him money?
Aren't military expected to support their spouse? But I agree she needs a divorce if her spouse is unwilling to do anything to support themself.
 
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gaby_c2010

Junior Member
I send him money to help him out since I get a housing allowance. The thing is he does work but is demanding more money from me that I cant afford to do. He is asking for all the money I have left after paying my bills which is ridiculous. He is only doing this because he is angry at me, he went as far as contacting my sgt and telling him. Now they are going to force me to pay him all of the money he is asking for.

And like I said i doubt he would be willing to sign the divorce papers because he would lose all sorts of benefits.
 

Ohiogal

Queen Bee
I send him money to help him out since I get a housing allowance. The thing is he does work but is demanding more money from me that I cant afford to do. He is asking for all the money I have left after paying my bills which is ridiculous. He is only doing this because he is angry at me, he went as far as contacting my sgt and telling him. Now they are going to force me to pay him all of the money he is asking for.

And like I said i doubt he would be willing to sign the divorce papers because he would lose all sorts of benefits.
He doesn't have to sign divorce papers. The judge can grant a divorce without him signing the papers.
 

ecmst12

Senior Member
Why do you think it would be easier to get an annulment without his consent as opposed to a divorce?
 

Bali Hai

Senior Member
I send him money to help him out since I get a housing allowance. The thing is he does work but is demanding more money from me that I cant afford to do. He is asking for all the money I have left after paying my bills which is ridiculous. He is only doing this because he is angry at me, he went as far as contacting my sgt and telling him. Now they are going to force me to pay him all of the money he is asking for.

And like I said i doubt he would be willing to sign the divorce papers because he would lose all sorts of benefits.
You have a marriage contract and legal obligations that you agreed to.
 

ecmst12

Senior Member
You didn't mention what state you got married in.

Legal Grounds for Annulment in Colorado
1. One spouse lacked the mental capacity to consent at the time of the marriage (e.g. mental incapacity, drugs, or alcohol),
2. One spouse lacked the physical capacity to consummate the marriage (i.e. cannot have intercourse), and the other did not know this at the time of marriage,
3. One spouse was under the age to consent to marriage (18, or 16 with consent, for a Colorado marriage) and did not have consent from parents, guardians, or a Colorado family law court to marry,
4. One spouse married because of the other's fraudulent act or misrepresentation which went "to the essence of the marriage",
5. One spouse married under duress,
6. One spouse married as a jest or dare, or
7. The marriage was void due to: bigamy/polygamy, incest (ancestor & descendant, siblings, uncle & niece, or aunt & nephew), or any other reason under the laws of the place where the marriage was entered into.
You don't appear to meet those guidelines. Note that it says one party must be INCAPABLE of consummating the marriage, not just that it was not done.

For Texas:
Grounds For Annulment
An annulment can be granted by a judge if:

Alcohol or narcotics – A person was incapacitated by alcohol or narcotics to the extent that he/she did not have the ability to understand the situation and that person separated from the other person when the effects of the alcohol or narcotics ended.
Fraud, Duress Or Force – One person used fraud, duress or force to compel the other person into the marriage and the person who was under pressure separated from the other person after understanding the nature of the fraud, duress or force.
Mental Incapacity – One person lacks the mental capacity to consent to the marriage or understand the marriage relationship and the parties separated when the mental incapacity was discovered.
Concealed Divorce – One party conceals that he/she has been divorced from another person less than 30 days prior to the marriage and the parties separate after learning of the prior divorce.
Marriage Within 72 Hours After License Was Issued – The marriage took place less than 72 hours after the marriage license was issued.
Marriage During Prior Marriage – A party is already married to another person.
Marriage To Certain Relatives – The marriage involves people who are close relatives.
Still not seeing you meeting the requirements. Get a divorce.
 

FlyingRon

Senior Member
You have a marriage contract and legal obligations that you agreed to.
There is NOT a marriage contract. Marriage itself is not contractual in the US.
Consummation is also not relevant as far as divorce/annulment goes in the US (it might get you some points with the church however).
 

Bali Hai

Senior Member
There is NOT a marriage contract. Marriage itself is not contractual in the US.
Consummation is also not relevant as far as divorce/annulment goes in the US (it might get you some points with the church however).
If marriage isn't a legal agreement, why do you need a judge to issue a divorce?
 

firelawlawyer

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

I send him money every pay check. He lives in Texas, we have never consummated the marriage, and it is not working out. I now realize I made a mistake in marrying him. He is upset and demanding about half of my pay check.

HELP!

If you are not in any relation and you have not even saw him properly after marriage then why you are getting so panic just file a divorce case against him.You will easily get the divorce without paying any annulment
 

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