Divorce or annulement?

[dalek]

What is the name of your state? MS Mississippi

I got married on July 6, 2006. I left on Oct 5. I have been trying to get information about what to do and found this forum. Here is the situation:

She is mentally unstable and heavily medicated. I did not realize how bad until a month or so after marriage. She is also addicted to pain killers which I also did not realize until after we were married. She was also heavily "medicated" when we said the "I do's".

I have talked to several people and have been told that proving she is insane is not a problem. She has a serious history of mental problems and has been committed before. I didn't know the severity until a few weeks before I left. I feared for my safety mostly. She gets violent. I was never hit though. Smart enough to leave before that.

What are my options here? We have not been married long so anullement is a option. Can she fight a anullement?

About me: I'm disabled and can not really afford a lawyer. Anybody know of a pro bono (sp?) lawyer? The day I left, I went and spoke to a lawyer and was advised to leave immediately. They know her too.

About her: She has two kids from a previous marriage. These kids need to be somewhere else. I have spoken with her ex and other people that have known her a long time and everybody, even those not in the family, agrees that the kids need to be removed.

Thanks for the help.

Dale

 

[LdiJ]

I have no idea if you qualify for an annulment or not, but if you don't have much money, then honestly, a divorce is generally easier and less expensive than an annulment.

 

[Ohiogal]

What is the name of your state? MS Mississippi

I got married on July 6, 2006. I left on Oct 5. I have been trying to get information about what to do and found this forum. Here is the situation:

She is mentally unstable and heavily medicated. I did not realize how bad until a month or so after marriage. She is also addicted to pain killers which I also did not realize until after we were married. She was also heavily "medicated" when we said the "I do's".

I have talked to several people and have been told that proving she is insane is not a problem.

What kind of people have you talked to? There is a difference between people saying she is insane and her being diagnosed as mentally incompetent. For an annulment you usually have to prove that she was mentally incompetent at the time of the marriage for HER to receive an annulment. What was your excuse?

She has a serious history of mental problems and has been committed before. I didn't know the severity until a few weeks before I left. I feared for my safety mostly. She gets violent. I was never hit though. Smart enough to leave before that.

What are my options here? We have not been married long so anullement is a option.

Length of time of marriage has NOTHING to do with getting a legal annulment. There are reasons for an annulment and changing your mind after a short duration is not a reason.


Can she fight a anullement?

Yes she can fight an annulment.

About me: I'm disabled and can not really afford a lawyer. Anybody know of a pro bono (sp?) lawyer? The day I left, I went and spoke to a lawyer and was advised to leave immediately. They know her too.

About her: She has two kids from a previous marriage. These kids need to be somewhere else. I have spoken with her ex and other people that have known her a long time and everybody, even those not in the family, agrees that the kids need to be removed.

Thanks for the help.

Dale

And unless mom is legally unfit or abusive the kids will not be removed. You do not have standing to petition for custody of these children. Their father(s) has standing to petition but not you. If the children are being physically abused or neglected then you should call CPS. However if you waited and you knew about the abuse then you are just as guilty as she is. For your legal issues, legal aid may be able to help you or refer you to a low cost attorney.

 

[CJane]

Be like GW. Use the google.

MISSISSIPPI CODE OF 1972
As Amended

SEC. 93-7-3. Causes for annulment of marriages.

A marriage may be annuled for any one of the following causes existing at the time of the marriage ceremony, to wit:


(a) Incurable impotency.


(b) Insanity or idiocy of either or both parties. Action of an insane spouse may be brought by guardian or in the absence thereof by next friend, provided suit be brought within six (6) months after marriage.


(c) Failure to comply with the provisions of sections 93-1-5 to 93-1-9 when any marriage affected by such failure has not been followed by cohabitation.


Or, in the absence of ratification:


(d) When either of the parties to a marriage shall be incapable, from want of age or understanding, of consenting to any marriage, or shall be incapable from physical causes of entering into the marriage state, or where the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction.


(e) Pregnancy of the wife by another person, if the husband did not know of such pregnancy.


Suits for annulment under subsections (d) and (e) shall be brought within six (6) months after the ground therefor is or should be discovered, and not thereafter.


The causes for annulment of marriage set forth in this section are intended to be new remedies and shall in no way affect the causes for divorce declared elsewhere to be the law of the State of Mississippi as they presently exist or as they may from time to time be amended.


SOURCES: Codes, 1942, Sec. 2748-02; Laws, 1962, ch. 278, Sec. 2, eff from and after 60 days after passage (approved May 16, 1962).

 

[dalek]

Sorry for the long time without replying back. I was waiting on a email that someone had answered but I guess this is a option that you have to turn on. I have been running into this lately. I fixed that this time though.

Anyway, without knowing it I did some of what was suggested here. I found a legal aid group that said they would help me. So, in theory I should have a lawyer. I just wish they would call me already. It's been three weeks now.

I did talk to some lawyers and this is the part that may get me a annullement:

(d) When either of the parties to a marriage shall be incapable, from want of age or understanding, of consenting to any marriage, or shall be incapable from physical causes of entering into the marriage state, or where the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction.

With the meds she was taking, she was not a clear thinker. The side affects are pretty serious has far as mental stuff.

I do realize that I can't do much about the kids. I can however tell things she has done and more importantly the things she does not do. The house was filthy when I got there. It was on its way there again when I went back to get the rest of my stuff too. It took me months to get rid of flies when I first got there. I have been talking to her ex a good bit since I left. The only reason he has not went to court is because I was there. He knew from the people visiting that I was cleaning, cooking and taking care of the boys.

She also doesn't work. The only income she has is child support and food stamps. I do not see this changing anytime soon. She will continue to fake being sick like she has for years or use some other excuse to keep from working.

When I get to meet with the lawyer, I plan to try for the annullment first then whatever else needs to be done.

The only kink in this is a bank loan that I got for house and car payments right after we were married. It is in my name but for 'her property' that she will be keeping. That is our sticking point on a no fault divorce. The way I see it, since she is keeping that property and I am not claiming any of it, she should pay the loan. If I pay some of the loan, then I have a claim on the property. I paid on it.

I must also say that even since this thread was started, I have found out she lied to me more than I thought. Everybody, lawyers included, says I have a good case and really sit in the drivers seat. I just need the lawyer to call me so we can get something started.

Thanks for the posts. Feel free to post anything else that you can come up with. Questions included.