Separation help...I'm tired of being in such a mess


#1

My husband and I have been married since March. We have never lived together and I am tired of the emotional abuse (its what forced me into the marriage to begin with; I actually tried to leave him the night before we got married and he put a loaded gun to his head and told me he would kill himself if I left and didn’t marry him. He then proceeded to beat himself in the head with gun repeatedly…it scared me to death. I’m not good with guns. 5 months before this I had barely escaped death when a man fired at me in my car during an attempted robbery. He knew this and he knew how much I feared guns because of that traumatic experience). Anyways, we have never lived together. He is deployed now and won’t be back until December. But I want out now. So my questions are:

Will I be able to get a separation even while he is deployed?
And will the separation date be the day it is drafted or can I use the day we got married (since we havent lived together) or the day he left for deployment (since I havent had any relations with him whatsoever since then)? Thanks in advance for any help you can give!


#2

If you didn’t acquire any property together, and have no children, then you don’t even really need a separation agreement in this case. You need to wait a year and a day from the date he left on deployment to file for divorce. You can start tolling the separation time from his deployment since you have no intention of living with him again or resuming the marital relationship.


#3

Thank you!

Also, I read the information on annulments, but was a little confused. Is there any way to get an annulment based on duress in my situation?


#4

Probably not. There are very limited circumstances in which an annulment will be granted:
marriages between any two persons nearer of kin than first cousins, between double first cousins, between persons either of whom is under sixteen years of age, between persons either of whom has a spouse living at the time of the marriage, between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of understanding the marriage vows.
You will have to file for divorce.