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i want to find out how to nullify a marriage that was illegal, as the spouse misrepresented and indicated that she was 18 when she was only 16 in Elkton Maryland ,in febuary of 1944. She had made the application and filled out the age.I WOULD LIKE TO KNOW HOW I CAN GET TO NULLIFY IT.I LIVE IN FLORIDA KNOW,AS WHAT STEPS I MUST TAKE.IT DOS INVOLVE SEPERATE PROPERTY???

Submitted: 804 days and 10 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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inglis, Florida

Already Tried:
NOTHIng

Answer

Maryland law would control since the "marriage" occured there. As long as she was over 16 and had her parent's consent the marriage can not be annulled on the basis of her age. But you get an annullment if your consent to the marriage was based on the fraud by her that she was 18, but if you married her for other reasons that were not fraudulent you may not get the annullment granted. Visit the site below to see the law in Maryland.

http://www.peoples-law.org/family/divorce/Unlawful%20Marriages-WLC-1.htm

Annulment is a relatively rare special action that establishes that your marriage never existed. If a court finds the facts necessary to grant an annulment it is as if you and your spouse were never married. The factors necessary to prove an annulment are difficult to meet and therefore courts are reluctant to grant an annulment and may grant a divorce instead.

In florida if you had sex after the marriage you can not get an annullment even for fraud. see this site http://www.ablelegalforms.com/annulment.html - so it is good that Maryland law controls.

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Expert: Shelley
Pos. Feedback: 99.3 %
Accepts: 
Answered: 9/10/2007

Lawyer (JD)

Attorney-Business degree from The University of Texas

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