Q: I have been with my husband for 11yrs,5 yrs of that married. He is gay we never consummated our marriage. Annulment? ??
We never shared a bedroom nor a bed,he had all types of excuses. He is verbally abusive at times with temper tantrums.
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A: It is much easier to file for divorce and probably too late for an annulment.
William N. Sosis agrees with this answer
A: There's a strong presumption in favor of the validity of a marriage in New Jersey. So I agree with Attorney Boyer. If you really want to get out of your marriage then filing for divorce is what you should do. In New Jersey, people are encouraged to investigate matters and disclose premarital facts about each other before getting married. Marriages that are void from the start are generally those that involve under-aged persons or where there's already a valid prior marriage (bigamy). On the other hand, for voidable marriages such as yours, I'm not sure of the "official time" it takes to run out the clock before failure to consummate becomes grounds for an annulment, but I'm sure it's much less than 11.5 years. The bottom line is New Jersey is a no-fault state so none of this really matters. You can get a divorce solely on "irreconcilable differences".
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