Deployed serviceperson seeks annulment or divorce
Full Question:
Answer:
The Virginia code at Section 20-91 provides that " A divorce from the bond of matrimony may be decreed: (1) For adultery; or for sodomy or buggery committed outside the marriage ***. The grounds for annulment in Virginia are limited.
ANNULMENT: Law & Legal Definition
An annulment is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. Generally, the length of time married is not a determining factor to request an annulment. Mere regret alone is generally insufficient grounds for an annulment. Laws vary by jurisdiction, so local laws should be consulted for requirements in your area. Some of the reasons for granting an annulment are:
FRAUD OR COERCION - The consent to marriage of one of the parties was obtained by coercion or fraud and the parties have not cohabitated (lived together as husband and wife) after learning of the fraud. Fraud or coercion by a party to the marriage is grounds for an annulment, but each case is determined by the specific facts involved.
Cases where annulments have been granted in the past based on fraud include the following circumstances:
CITIZENSHIP
•One person married another solely to obtain a green card, or citizenship.
•One person misrepresented or concealed that he/she would not fulfill a prenuptial promise to become a U.S. citizen.
SEXUAL RELATIONSHIP
• One person misrepresented a willingness to consummate the marriage and reside together following the marriage.
• One person misrepresented a willingness to bear children after the marriage.
• One person misrepresented or concealed that he/she was not willing or physically able to engage in sexual intercourse following the marriage.
• One person misrepresented to the other party that he/she was willing and able to conceive children during the marriage, despite knowing they are sterile and unable to conceive children.
• The wife misrepresented or concealed that she was pregnant by another man at the time of marriage.
• Prior to the marriage the wife claimed to be pregnant, but it was disclosed after the marriage that she was not pregnant.
• One person misrepresented or concealed that he/she was homosexual.
CHARACTER, HONESTY
• One person misrepresented or concealed that he/she had physically abused a prior person in their lives.
• One person misrepresented or concealed that he/she had a criminal history.
• One of the parties was forced into the marriage because of duress, threats and intimidation and would not have entered into the marriage except for the other party’s conduct.
HEALTH
• One person misrepresented or concealed that he/she was not in good health or had a disease.
• One person misrepresented or concealed that he/she suffered from a mental illness or had been institutionalized in a mental hospital.
• One person misrepresented or concealed that he/she suffered from alcohol, drug, or gambling addiction.
FINANCIAL
• One person misrepresented or concealed that he/she married the other person solely to obtain the parties' money, wealth or property.
• One person misrepresented or concealed that he/she would not fulfill the terms of a prenuptial agreement to reimburse the other party for alimony lost because of remarriage.
RELIGION
• One person misrepresented or concealed that he/she would not fulfill a prenuptial promise to have a religious marriage ceremony performed after the civil marriage ceremony.
• One person misrepresented or concealed his/her present religious conviction or acceptance of the other's religion.
• One person misrepresented or concealed his/her prior divorce and the other party is a Roman Catholic.
Other grounds may include:
• Undisclosed prior marriage
• Violation of divorce decree or statute prohibiting remarriage.
• Marriage entered into as a joke or without an intent to having a binding marriage.
• One or both parties were under the legal age to consent at the time of marriage, as defined by state statute
• Incestuous marriages, as defined by incest laws of the state in which the marriage took place.
• Temporary insanity existing at the time of marriage, so that the capacity to marry was not present because the person lacked an understanding of the duties and relationship of marriage. Poor judgment is insufficient.
• Intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences.
DIVORCE: Law & Legal Definition.
A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party. There are two types of divorce-- fault and no-fault. An fault divorce, (also called a "divorce a vinculo matrimonii" is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. Some states still require at least a minimal showing of fault, but no-fault divorce is now common. Usually, a no-fault divorce is referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
State law governs divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a certain period of time, which varies by state. The most common issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time. In most states, the legal process of the divorce procedures take some time, to allow for a chance of reconciliation. The divorce decree is a court order that states the rights and responsibilities of the divorced parties, including the basic information regarding the divorce, case number, parties, date of divorce, and terms the parties have agreed upon.
Sexual relations with anyone other than your spouse is still a crime in many states, even if the married couple is seeking a divorce. The judge has a great deal of discretion in custody cases and in awarding or restricting visitation rights. Extramarital sexual relations before divorce may be used as evidence of marital misconduct during the marriage. Also, cohabitation with another person may be a factor in reducing support payments received.
Please see the information at the following links:
http://law.justia.com/virginia/codes/toc2000000/20-91.html
http://law.justia.com/virginia/codes/toc2000000/20-89.1.html
http://law.justia.com/virginia/codes/toc2000000/20-13.html
http://law.justia.com/virginia/codes/toc2000000/20-38.1.html
http://law.justia.com/virginia/codes/toc2000000/20-45.1.html