I married my husband at 14 ...my mom signed but ,,,,,,in the state of kentucky at the time you had to be 16 with parental consent. I wasnt ,,,so is my marriage binding and legal...or could i have it anulled???? Im serious any lawyers here?????
2006-06-30 13:04:56 · 7 answers · asked by kathy G 1 in Family & Relationships ➔ Marriage & Divorce
i have ben married to him 35 yrs and trying to get a divorce buthe is fighting it all the way...he cheated on me 18 months after we married and i just found out in december of 05
2006-06-30 13:12:02 · update #1
Speak to an attorney. The people on here are not versed in KY law for the most part, so their advice is moot. Find a lawyer and ask him or her for the best, most accurate, advice.
2006-06-30 13:14:34 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I've never practiced law in Kentucky, and the laws on marriage vary from state to state. It also depends on how old you are right now. As a general rule in this type of situation though, there are three possibilites. First, that your marriage is valid and that you require a divorce. Second, that your marriage is void "ab initio" (from the beginning) and that you're not legally married at all, requiring nothing. Third, that your marriage is "voidable", which means legal, but only so long as you want it to be. You have the right to accept the marriage as valid, or reject it, for which you need an annullment.
Being underage you lack "legal capacity", which means you cannot enter into a legally binding contract. Your parents do not have the right to sign for you unless specifically permitted under state or federal law. Another part of law is called equity. Equitable Issues of fraud, duress, undue influence, etc. come to mind. These are very, very strong defenses for you. Almost impossible to beat, even with a great lawyer.
Check Kentucky law, but in most states your marriage is either void (not legal) or voidable (legal only if you want it to be).
2006-06-30 20:17:21 · answer #2 · answered by antirion 5 · 0⤊ 0⤋
Too much time has gone by...file for divorce. He can fight it all he wants but the truth is that you only have to obtain the divorce under "irreconcilable differences". It will be granted and you will be free. His unfaithfulness has nothing to do with anything either way. You want out and out you should be. It is unfortunate but too much time has passed to get an annulment the marriage is/was legal under the law.
2006-06-30 20:28:02 · answer #3 · answered by jodie 6 · 0⤊ 0⤋
go to the judge and you can have it anuld.. but it dose depend on the lenth of time and the reason why you want it done.. As for your mother.. Well you asked her so she only did what you wanted.. so she is not to blame for this one.. it was your decision to follow through. understand..
Asap go on monday and get your butt down to the corts and there are papers to be filled out and filled and then the judge will look at it and if there is no property in volved and you are willing and he is willing to make it end.. then there will be no problems
if not.. get the corts to give you a lawyer.. they are free and they will help you with this.. thank you.. good luck
2006-06-30 21:42:16 · answer #4 · answered by sillyatheart3 3 · 0⤊ 0⤋
I think you are just being stupid, if he cheated on you 33 years ago, does it really matter? That is rediculous, if you have been married for that long, something must have kept you together. Im sure it is legal after that long it would be common law in most staes anyhow. Get real!
2006-06-30 20:45:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
well, I'm not a lawyer, but it seems that you may have something there. You'd have to talk with a lawyer though..to make sure if you do get an annulment.....that everything is in order and legal. Best of luck to you..........
2006-06-30 20:09:41 · answer #6 · answered by cajunrescuemedic 6 · 0⤊ 0⤋
If what you say about Kentucky is correct then YES you should have no problem.
I assume you want to leave your parents out of this?
They helped you in...they may help you out.
2006-06-30 20:09:55 · answer #7 · answered by John B 5 · 0⤊ 0⤋