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Annulment: Is it possible to claim "emotional duress" for simply making a dreaded mistake in getting married. We both feel it was a mistake and reside in different states. I would like to get this annulled in the state of VA, where the marriage took place. Thank you very much for your help.
Already Tried: Before doing any research, I filled a Complaint for Annulment at the Prince William County court, and simply stated "emotionally and spiritually feel that a mistake was made in committing this marriage". Of course, the court sent me a letter, stating that I do not meet the grounds for an annulment and advised to consult an attorney. I truly would like this annulled and do not want to file for a divorce. The spouse agrees and it would not be contested.
Virginia is very specific on when it will permit annulments. You can only petition for annulment on the following specific grounds and there is a two year statute of limitations. Your "emotional duress" claim is not one of those grounds as it requires no Cohabitation after learning of the duress. Since this is just a mistake in marriage, your recourse would be divorce. Duress must rise to the level of being forced against your will.
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