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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am in the army and am stationed in Baumholder,Germany Last

Customer Question

I am in the army and am stationed in Baumholder,Germany Last year in November the red cross sent me home because my lil sister was killed in an accident.whnile at home i ran off and got married to one of her friends and we didnt tell anyone not even are parents because she was afraid to tell anyone she said cuz of her babys daddy. she said she was affraid that he wouldnt let her see her daughter. I have know since found out that this was a very big lie just to keep me in the dark because she didnt want anyone to know because she was and is still not being faithfull to me. i have talked to many of her partners both male and female and they all tell me that she tells them that she dont love me and that she only married me for the money and benifits and that its just a bussiness arrangements nothing more.. but she tells me she loves me and that everyone is lieing to me about her. we have talked about her numerious affairs and she promised me it was her last but now she just told me she is still haven her lil flings and thereis nothing i can do bout it. i am bein g deploide in february for the hills in afghanistan and i want to know if i can get or if i even qualify to get my marriage annuled.?? i mean we havent even consemated the marriage..what can this broken hearted soldier do...
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

First of all, please be safe and G_d bless you. You keep us safe and you are a hero for doing so.

Second of all, if you are in California, yes, you DO have grounds for an annulment but I must warn you that it would be a tough uphill battle for which you should consider retaining counsel. For whatever reason getting an annulment is harder than getting divorced.

There are 7 grounds for an annulment in your state. They are incest, bigamy, minority, unsound mind, force, physical incapacity, and fraud. The one you can pursue is for "unsound mind":

  • Unsound Mind: If one of the spouses was of “unsound mind” at the time of marriage, it is voidable, unless, after coming to reason, s/he freely continues to live with his or her spouse as a married couple. There is one important distinction: If the spouse was of unsound mind but at the time of marriage had a lucid period, the marriage is valid and not voidable.

“Unsound mind” in this context means that the person is unable to understand the nature of the marriage contract and all the obligations and rights that come along with it.

Either the unaffected spouse or a relative or conservator of the unsound spouse can file a petition for annulment.

Good luck to you.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 4:33 AM EST

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