Sallysue married Billybob the month after he graduated from high school and she was still 16 and in tenth grade. They forged Sallysue's mother's consent on the applicable consent form. They lived together for four years and when Sallysue got pregnant, Billybob sought an annulment of their marriage because he said he didn't want to be "saddled with a bunch of screaming kids." Sallysue says if that

Question

is the way he feels she wants out of the marriage too and she will seek an annulment. She meets with Attorney Howell who tells her that she can potentially file for a divorce on the grounds of irreconcilable differences or for an annulment. Assume that while they have been married they have bought a home, a small boat, and two cars. Billybob has been working with his father in an air conditioning business and earns a good salary. Sallysue has been unable to find a job but has been taking care of and making improvements on the house which is in Billybob's name.

Although he gives her a small allowance for groceries etc., Billybob has the only bank account and has managed all their finances since they married. They have filed joint tax returns. Consider the differences between divorce and annulment. Which route should Sallysue pursue considering their specific circumstances? What will the impact be on the parties and the child when it is born?

Answer 1

Divorce should be the preferred option so Sallysue can seek division of marital property and also potentially spousal support. There will also be a presumption that Billybob is the father of the child conceived during their marriage and the child will be deemed legitimate. The student should reflect knowledge of the differences between divorce and annulment.