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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2125
Experience:  Practicing Attorney with 10 years experience
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What do I have to do to get an annulment from my husband I

Customer Question

what do I have to do to get an annulment from my husband I married in Sept. 2015.
I want 3 million plus the condo I live in. A complete and clean break. He has two sisters who are lawyers. One is working in the state of Florida, where my husband lives.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

I am sorry to hear about your situation. Can you clarify where you got married? Each state has unique requirements so I want to be sure I respond with the correct state's information.

Customer: replied 1 year ago.
We got married in Oregon.
Customer: replied 1 year ago.
It was just a marriage to make sure I was taken care of financially since my husband has extreme diabetes, is overweight, and is mentally ill and wants to end his life soon.
Expert:  Asad Rahman replied 1 year ago.

Two kinds of annulments exist in Oregon: those for void marriages and those for voidable marriages. Void marriages such as parties lacking the capacity to marry or are already married are invalid immediately and do not require a court order to be annulled. By contrast, annulment of a voidable marriage in Oregon requires a trial and hearing before a judge to prove the grounds for annulment. In certain circumstances, an action for annulment can be brought by parents if their child was under age 18 and their consent was not obtained for the marriage or if their child lacks mental capacity.

An annulment will require at least one of the grounds to be proven in court. This will require paperwork to be filed with the court and a court hearing with evidence including documents and/or witnesses that the support a claim for annulment.

There are 3 grounds the courts will consider-

  • one or both spouses under age 18
  • spouse unable to consent to marriage due to mental incapacity or incompetence, or
  • marriage consent obtained by force or fraud.
Expert:  Asad Rahman replied 1 year ago.

Fraud or duress is hard to prove and if you realize the fraud and still continue to live with the individual the fraud claim is essentially waived.

Customer: replied 1 year ago.
Now I have major health issues and my husband does not want to deal with me. I have basically put up with all of his mental issues and psychological and physical abuse over our 26 year old relationship. We have never lived together while we have been married. What should I do?
He wants an annulment as well and a settlement so it is over between us and we can go our separate ways.
Expert:  Asad Rahman replied 1 year ago.

I am happy to talk via phone, but your payment does not appear to have gone through.

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