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Is it possible to get an annulment having only spent 7 days together since we've been married?

Is it possible to get an annulment having only spent 7 days together since we've been married?

Full question:

My husband is active duty military (Army). He has been stationed in Iraq since August 2006. We got married in NY during his R&R in February of 2007. We are now seeking a divorce. I am a resident of NY. My husband resided in Texas and is a Texas resident. Texas is where he files his taxes and he has a TX drivers license. My question is if we can get divorced in Texas under the TX law, as it seems to be a much quicker process than in NY where you need to be separated for a full year. Is is possible to get an annulment since we have only spent 7 days together (physically) since our marriage? We are seeking a no fault divorce. I am unsure if we can file for divorce in TX or if it has to be in NY where we were married.

Category: Marriage
Date: 04/07/2025
State: New York

Answer:

If a Texas resident has spent time outside the state while serving in the military, that time is considered residency in the state of Texas for purposes of filing for divorce. A person not previously a resident of this state who is serving in the military in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage.

-From §6.301-304 of the Texas Family Code

Duration of marriage alone is insufficient grounds for an annulment. Please see the information and forms at the following links:

http://lawdigest.uslegal.com/divorce/state-law-summary/4125/

http://lawdigest.uslegal.com/divorce/state-faq/7004/

http://lawdigest.uslegal.com/divorce/state-law-summary/5317/

http://lawdigest.uslegal.com/divorce/state-faq/7015/

http://definitions.uslegal.com/a/annulment/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does a spouse have to be gone to be considered abandonment?

In general, spousal abandonment occurs when one spouse leaves the marital home without consent or a valid reason, and this absence lasts for a significant period. In many jurisdictions, an absence of one year or more may be considered abandonment. However, the specific duration can vary based on state laws. In Texas, abandonment can be grounds for divorce if one spouse has left and has not returned for at least one year. Always check local laws for the most accurate information. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are examples of spousal abandonment?

Spousal abandonment can occur in various forms, such as one spouse leaving the marital home without consent, failing to communicate with the other spouse for an extended period, or refusing to return after a temporary separation. Other examples include one spouse moving out and not providing financial support or emotional assistance. Each case is unique, and the specifics can depend on state laws regarding abandonment. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the 10 year rule for military divorce?

The 10-year rule refers to a provision under federal law that allows a spouse of a military member to receive certain benefits, such as retirement pay, if the marriage lasted at least 10 years and the service member performed at least 10 years of military service during that time. This rule is important for determining eligibility for benefits after divorce. It does not directly affect the divorce process itself but is relevant for financial matters post-divorce. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is considered spousal abandonment in the military?

In the military context, spousal abandonment typically occurs when one spouse leaves the marital home without consent, often while the other spouse is deployed or stationed elsewhere. This can include failing to communicate or provide support during the absence. Each case is evaluated based on the circumstances, including the length of absence and the intentions of the spouse who left. State laws will also play a role in defining abandonment. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is considered spouse abandonment in the military?

Spouse abandonment in the military is generally defined as one spouse leaving the marital relationship without consent and failing to maintain contact or support. This can occur during deployments or relocations. Factors like the length of absence and the reasons for leaving are considered when determining abandonment. It is essential to consult state laws for specific definitions and implications regarding abandonment in military marriages. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*