I got married 3 months ago in Alberta and now I want a divorce...can I get an annulment? Aug 7

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Customer: I got married 3 months ago in Alberta and now I want a divorce...can I get an annulment?
JA: Are you both in Alberta? Annulment rules vary by state.
Customer: Yes
JA: When exactly were you married?
Customer: Aug 7
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by JJL11 in 1 hour 1 year ago
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JJL11
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JJL11
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am a Canadian lawyer who is able to answer questions about annulments.

I am sorry to hear that your relationship is not working out.

Can you tell me why you want an annulment as opposed to a divorce because annulments are only granted under certain specific circumstances ?

Customer
Because it was only 3 months
Customer
I realize it may not qualify but what do you suggest? She already moved out
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JJL11, Expert

I will reply shortly to your question . I will be offline for the next 30 minutes but will reply when I am back online.

Thank you for your patience.

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JJL11, Expert

Hello again - Annulments are granted if one of the parties did not have the "capacity" to understand what they were doing when the marriage took place due to lack of mental capacity or intoxication or a party to the marriage was forced to enter into the marriage by duress, fear or fraud or the marriage was not consummated.

If these reasons do not apply to your situation, then you will need to apply for a divorce. In Canada, you have grounds for a divorce if you have been separated for one year or more, or there was abuse and adultery during the marriage.

Since your spouse has moved out, you can count that day as the date you separated and so you will be able to file for a divorce 9 months from that date.

You can post another request with JustAnswer when that time comes to get specific advise on how to file for divorce or consult a family lawyer.

Hope this answers your question.

Customer
Should I commit adultery and then admit to it or would that hurt me in court?
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JJL11, Expert

Committing adultery now would not help because the adultery has to have occurred during the marriage and was the cause of the separation. Since you and your wife have already separated, adultery after the fact would not be taken into consideration.

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JJL11, Expert

Hi - I am following up to see if you have any further questions for me. If you do not, thank you for using JustAnswer.

If you have further questions, please feel free to let me know.

Take care.

Customer
We have been married 3 months but have lived together for 7 years and have a house together. I have my own company and pay all the bills and paid the whole down payment...what will she be entitled too?
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JJL11, Expert

Hello again - Since you were married, the home that you lived in with your wife is considered the matrimonial home and according to Family law, it is to be equally divided upon separation and divorce.

I would suggest that it is a good idea to talk to a family lawyer to get a more in depth consultation about the division of your other property since property division is a complicated issue.

You can contact the Lawyer Referral Service which is operated by the Law Society of Alberta to get the name of a family lawyer who will give you the first hour of the consultation free of charge.

Here is the link to the contact phone number for the Service :

https://www.lawsociety.ab.ca/public/lawyer-referral/lawyer-referral-request/

Hope this helps.

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