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10 Oct 17

Can I have my marriage annulled if he physically abused me?

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Annulment and marriage are often thought to be very similar, but the truth is they are not. When you get a divorce, you are considered a divorcee. You have been previously married, and you are no longer able to claim you are a single person. Your next husband will be your second husband. If you have your marriage annulled, you are considered a single person who has never before been married. When an annulment is brought up, many people find themselves confused about what it really means.

Annulment is not nearly as confusing as it might seem once you get to know a bit more about it. Your ability to have your marriage annulled has no bearing on how long you’ve been married. Most people think you can only be married a short time to annul your marriage, but you can be married as long as you want and still get an annulment. You get your maiden name back, you are not considered a divorced woman, and your next husband is your first husband. That leaves you asking whether you are legally able to get an annulment if your husband is physically abusive.

Grounds for Annulment

If your husband is somehow related you by blood or his is married to someone else when he marries you, he is never legally your husband effective immediately upon the realization that either of these are true. Your annulment will be quick and painless, but that leaves you without an answer to your real question unless he’s abusive to you and someone else he’s married to at the same time or you’re related.

You could annul your marriage if you can prove your marriage occurred under duress or fraud. Both are legal grounds for annulment, and sometimes physical abuse falls into that category. If you did know your spouse was abusive prior to your marriage, you may not get an annulment. However, if the abuse did not begin until after you were married, you could claim that your spouse conned you into marrying him under the limitation of fraud.

You did not know he was an abusive man, and that’s why you married him. Had you known prior to your marriage that he was abusive, it might have changed your mind about how you felt about him. If he can prove you were aware of his anger issues and his abuse issues, however, annulment is not an option. If you want to divorce him if annulment is not something you can go through with, that is always an option.

Abuse and What You Must Know

There are programs available in almost every city designed to help you with your issues. You can escape from an abusive man and remain protected, you can get help, and you are not alone. The biggest reason so many women stay with men who are physically violent with them is fear. They are afraid of being on their own, of their inability to care for themselves, or that he will find them and treat them even worse. You have options, and you are not forced to stay with a man who is abusing you.

Call An Attorney

If you are afraid of your husband because he is physically abusive, call an attorney right away. An attorney is not only able to help you figure out if annulment or divorce is a better option, he or she can also find you a safe place to go and work on paperwork that can keep your husband away from you. You also want an attorney on your side if your spouse shares children with you that you fear for. Let an attorney help you get your life back on track, and let him help you determine whether an annulment is an option so you can start over with a clean slate. Don’t let an abusive spouse ruin another day of your life.

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