Can I get a same-sex annulment after 3 years of marriage? Or do we have to get a divorce?

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My wife and I were married in August 2012 in Manhattan, NY. Since then, all states recognize same-sex marriages, including Tennessee. We have been "separated" for over a year. What are our options? We are both agreeable to the annulment/divorce, no kids involved, and no assets to divide.

Attorney Answers

2
Steven Frazier ·
As long as it was a legal marriage, you would need to get a divorce. Annulments are for circumstances where for some reason or the other the marriage is defective, i.e. fraud in obtaining the license etc. This the law in Tennessee as i understand it. You need to consult with a family lawyer. Sounds like it could be handled on grounds of irreconcilable differences.
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Michael Walker ·
Attorney Frazier is correct. You can obtain an annulment if you are able to prove some type of fraud was involved or many other reasons such as either party had a mental disability at the time of marriage, mistake as to the nature of the marriage ceremony, impotency, the person was not of age at the time of marriage, the wife was pregnant at the time of marriage without the husband's knowledge.
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