FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
My friend has been married 10 months. He has decided after trying marriage counseling that he doesn't want to continue in this marriage. The problem is, he owns his own business and doesn't want to lose it to his wife... He has asked his wife to leave and she will not... These problems have been going on since the first day of the marriage. Does he have any recourse? What are the criteria for annulment? ThanksAnswer:
I assume from your question that there are no children and none expected. In cases of short term marriages, such as the one you describe, the courts will consider the fact that the parties have only then married for a few months and will allocate the marital property accordingly. There will probably be some allocation of money for spousal support in the event the wife is not presently working, but it will be temporary in order to provide her the necessary tools in the work place to become self supporting.Back to content
Annulment is granted only one specific grounds, as I have described in detail in an earlier question, and I suggest you read some of earlier questions and answers regarding annulment. I do not believe that the situation you describe above would qualify for an annulment.
Leonard M. Weiner, Esq./Divorce Solutions