My spouse and I have been married for 7 months, and it is not working out. We tried marriage counseling, vacationing together, vacationing apart, and even living apart for a couple weeks. This marriage was no-doubt a mistake.
Fortunately, we do not have children to co-parent for the next 18 years. We have no common assets or debts. I am convinced that we didn't enter into this marriage for the right reasons. I am ready to give up on this marriage, and move forward in my life.
Can we annul our marriage based off the short duration?
There are six (6) grounds for an annulment per Family Code Section 2210. The following grounds must have existed at the time of the marriage:
Ground #1 : Under the Age of 18 Years Old
This is self-explanatory. Absent an exception, minors cannot enter a marriage. If you are a minor, then it is more likely than not, that the Court will grant your request for an annulment.
Ground #2 : Prior Existing Marriage
If you cannot find your ex that you've never divorced in the last 5 years or less, then the court will likely grant an annulment between you and your new spouse.
Ground #3: Unsound Mind
Most people think this has something to do with your spouse being crazy. This is false. An unsound mind is someone who is likely medically deemed not to be able to make decisions. He/she does not know the meaning of entering a marriage.
Ground #4: Fraud
If someone knowingly tricked you into a marriage, then the Court will likely grant your request for an annulment. This could mean that someone was not truthful about their finances for example.
Ground #5: Force
If someone entered into the marriage based off force, then the Court will likely grant your request for an annulment. Force can be if someone promised to hurt your family if you do not marry him/her.
Ground #6: Physically Incapable
If someone entered into the marriage knowingly that he/she is physically incapable (aka cannot have sex), then the Court will likely grant your request for an annulment.
Here, the spouses do not describe any of the above mentioned grounds. so they will not qualify for an annulment. It does not matter that the couple have only been married for 7 months. They would need to divorce in order to return to their single marital status.
If you are looking to discuss options between an annulment or a divorce, then call Your Legal Warrior for a FREE consultation at 858.761.8661!