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Military Annulment Questions

Annulment questions arise when a person wants to end a marriage. Regardless of the reason, an annulment is an opportunity to void a marriage and is the choice of many couples. It is sometimes difficult to receive an annulment and because of this, many legal questions arise. Listed below are a few of the top questions answered by the Experts on issues related to military annulment.

Can military benefits be reinstated after an annulment or divorce?

The act of getting married is what will end the benefits. The law reads that if you re-marry, you will lose the benefits. Even in the event of an annulment, which is rarely granted, you did marry, and TRICARE will stop all benefits. The law is very specific on this topic and there isn't much that can be done to reinstate your military benefits if you remarry.

In Utah, can military members have an annulment if they have only been married for 3 months?

You probably won't be able to get the marriage annulled under Utah law, so you will probably have to file for a divorce to end the marriage. The reason for this is Utah has specific guidelines about annulment. Under Utah law, the grounds for annulment are:
  • Where the marriage is prohibited or void under Title 30, Chapter 1, Section 2 of the Utah Code, which deals with age requirements, prior marriages and divorces, and persons of the same sex.
  • Where the marriage is incestuous, and therefore void.
  • Common law grounds include fraud, misrepresentation, and failure to consummate the marriage.
Aside from the guidelines, the judge will be the one who determines if an annulment will be granted. It really doesn't matter how many of the factors in the guidelines that may be in place, if the judge chooses to deny the annulment; you may have to file for divorce.

If a person is married to a soldier for 7 months and never lived together, can the marriage be annulled? The marriage was in Virginia.

In order to qualify for an annulment in the state of Virginia, one or more of these factors much be in place; bigamy; impotency at the time of marriage; conviction of a felony prior to marriage, but not discovered until after; the wife's pregnancy at the time of the marriage with someone else's child—a fact unknown to her husband; the husband's siring of a child by another woman within ten months after the marriage; or the party's having been (without the knowledge of the other) a prostitute before the marriage. If either party is under the age of consent (16 years old) the marriage may be declared void by the court. Also, you only have two years from the date of the marriage to apply for an annulment.

To avoid issues with command, can a soldier sign the papers of an annulment but state that he disagrees with what is written?

The soldier will not receive punishment if he doesn't sign an annulment if he disagrees with what is written in the annulment. However, it is very possible that the judge won't agree to the annulment if the soldier isn't in agreement with the wording of the annulment. Both parties need to agree on the facts of the annulment, without the cooperation of both parties; it is very possible that the annulment will be denied.

What reasons are there to allow an annulment in the state of Texas?

In the state of Texas, you can ask for an annulment if any of these factors apply at the time of marriage:

1. If one of the parties was underage
2. If the party requesting the annulment was under the influence of drugs or alcohol
3. If one of the persons hid the fact of a divorce within the last 30 days
4. If the marriage took place less than 72 hours after the license was issued, or due to permanent impotency; fraud, duress, or force; mental incapacity, consanguinity (too closely related); or bigamy.

If your situation falls within any of these factors, you can file a petition for an annulment through the District Court.

When faced with the decision of an annulment, you need to know your rights and how annulment law works. Since civilian and military law also varies, you want to be sure that your decision is made and is within the limits of the law. If you are not sure about your rights and how the law applies in your particular case, it is best if you speak with an Expert who can evaluate your situation and offer legal insight.
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