Shelley, ID asked in Divorce for Idaho

Q: I need to find out if I qualify for an annulment.

We got married in August, and turned abusive. I know have a restraining order on him for domestic violence and stalking. So is there a way to annul it or no?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Idaho has an Annulment law. Either party to the marriage may annul the marriage for any of the following reasons:

1. Under 18 when married;

2. Did not receive parent or guardian's permission if under 18 when married;

3. Bigamy;

4. Unsound mind. Unless you freely cohabited with him/her after finding out about their mental illness;

5. Fraud. The famous case in CA was a divorce trial in which the husband was asked if "you ever loved your wife?" to which he angrily answered, "I've NEVER LOVED YOU!" The court allowed the attorney for wife to amend here complaint to plead FRAUD. Fraud is a bad thing.

If you prove that he married you and never loved you, just said so to marry you, you could recover attorney fees and extra money from him, as a way of punishing him for fooling you into marrying you;

6. Someone forced you into marrying, unless after being forced, you grew to love them and afterwards freely cohabited with the other as husband or wife;

7. That either party was, at the time of marriage, unable to conceive and after into the married state, and incapacity continues, and appears to be incurable.

For reason no. 1: within four (4) years after arriving at the age of consent; or by a parent, guardian, or other person having charge of such nonaged male or female,

For reason no. 2: you can file any time during the life of the other, or by such former husband or wife;

For reason no. 3: at any time before the death of either party;

For reason no. 4: by the party injured, within four (4) years after the discovery of the facts constituting the fraud;

For reason no. 5: by the injured party, within four (4) years after the marriage;

For reason no. 6: by the injured party, within four (4) years after the marriage.

Good Luck.

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