Question:
My brother has asked me to help him with his "situation". He lived in Ocala, Fl. and met a woman there who he lived with on and off for a few months. He moved to Arkansas in 2005 and lived there for 5 months. In January of 2006 the woman drove up to AR from FL and he married her. They've been married a little more than 5 months. My brother now realizes he made a terrible mistake and he wants out of the marriage, she does not. They have now lived apart for a month. Is there any way he can get the marriage annulled or will he have to go through a divorce?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arkansas or Florida. Generally, he will need to file for divorce. A change of heart is generally not grounds for annullment. The law of the states in which I practice require fraud, one party not of age, one party already wed, and the like. Annullment is very uncommon. He needs to file for divorce. The sooner the better.
