FILING FOR ANNULMENT

Hi. Me and my wife got married on Dec. 27th of 2007 and we had a kid born at March 18th of 2008. My wife then cheated on me and had sexual relationship with this guy for 2 times and finally left me and my kid to be with the same guy in December of 2008. We had no communication since then, but i still have contact with her family. They really felt sorry for what happened and they told me that my wife has been living with the same guy since then. Can this be a ground for nullity of marriage? how about using bigamy as strong ground? what are the chances that our marriage can be annuled?

That's sad to hear. Unfortunately, sexual infidelity alone is NOT a sufficient ground to have your marriage annulled. It can be a ground for legal separation though, but this will not severe your marriage bond. I suggest you consult with your attorney so you can determine the viability of filing a petition for annulment of nullity of marriage.

Additional advice:

(1) I agree that sexual infidelity alone is not sufficient ground to nullify your marriage with your spouse. However, there is a commonly used ground in petitions for nullity of marriage, i.e., psychological incapacity. Through the help of a psychologist and your lawyer, it can be shown that you and/or your wife is/are psychologically incapacitated to comply with his/her essential marital obligations.

(2) You mentioned bigamy. Based on your story, there is no bigamy. Bigamy is a crime where a person contracts a second/subsequent marriage before the dissolution of a previous marriage. It does not appear that your spouse has been previously married before your marriage. I think you are referring to adultery, the crime committed by your wife when she had sexual intercourse with another man. As previously mentioned, adultery (referred sometimes as sexual infidelity) is merely a ground for legal separation. But if the sexual infidelity is characterized by such gravity that it makes your wife psychologically incapable to comply with her marital obligations, it can be shown that case falls within the definition of "psychology incapacity", a ground to nullify your marriage.


(3) There are ways to nullify or annul your marriage. Have yourself interviewed by a lawyer so that he/she can determine the proper grounds to use in the case you intend to file.