1 year into the marriage, I found sexual emails sent from my husband to another man.. I saved those emails (Didn't leave because I was 7 months pregnant... just didn't know what to do)
8 months later (2 days ago) I found another email, very flirtatious to a different male
I believe this is fraud. Would we be able to get an annulment?
2009-08-23T23:07:01Z
i haven't found anything about a time frame... i always thought it was 3 months. i've been searching, nothing. so i figured i'd make a post.. someone out there most know more
2009-08-23T23:46:46Z
my picture is Erin Andrews, college football sportscaster.. I am in a yahoo, fantasy football league. My team's name is Erin Andrews. that is NOT me.. i wish...
this is me.. i am on the right.. http://i9.photobucket.com/albums/a80/Kpierce1124/Kimberly014-2.jpg
Albertan2009-08-23T23:11:44Z
Favorite Answer
I am not a lawyer. According to this link: http://en.wikipedia.org/wiki/Annulment
If you are Catholic,Not intending, when marrying, to remain faithful to the spouse (simulation of consent) is a reason for annulment .
If you are living in New York,The cause of action for annulment in New York State is generally fraud (DRL §140 (e)). There are other arguments; (see:http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$DOMA9$$@TXDOM0A9+&LIST=LAW+&BROWSER=54724826+&TOKEN=46347301+&TARGET=VIEW)
Fraud generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant’s statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered.
If you live in the United States please read:http://www.ehow.com/topic_642_annuling-your-marriage.html
I am sorry this has happened to you, I hope this information helps you understand if you can get a legal annulment.
No. The judge would tell you to file for divorce. Very few judges grant annulments. The level of proof is much higher in these cases and requires witnesses or much more substantial proof than a few emails.
Even in states where fraud is grounds, you don't have a case. You did not confront him or file for annulment at the time you discovered the 'fraud.' Instead, you continued to live with him and continued your married state as normal. Most states also require that you file within the first year unless the marriage was never valid in the first place.
If you are Catholic and seeking a religious annulment, contact your diocese and find out the process. My BIL got a catholic annulment, but it took 18 months.
If you've been married over 6 months and have a child together getting an annulment will be a pain in the butt. Given your description I can not make a judgment either way if it would be fraud or not. You need to talk to a lawyer for your state. (if in the USA)
it all depends what kind of annulment you are seeking, religious or legal? religious have numerous alternatives, but of the ones you offer, it might be a tad difficult to even go that route. most legal annulments are because of fraud, and then again, i find that might be an uphill battle. divorce procedures probably would be quicker and less painful when all is said and done. evaluate your reasons for prefering annulment and if its still worth it to you, by all means. good luck.
I think you have been married too long for annulment. Are you checking his mail on purpose?? That is spying you know. Anyway, ask him what he is doing. He was probably not man enough to tell you he was bi or gay before you married. You'll get the house and kids. No worries.