Legal Question in Family Law in California

Re: Annulment

Usually, a nullity will be granted if the parties have not had sexual relations. The basis under the code would be fraud. You would be alleging that, prior to the marriage, sexual relations were contemplated and expected and after the marriage such relations were not enjoyed either because of refusal or inability.

Re: Annulment

FAMILY.CODE

SECTION 2210-2212

2210. A marriage is voidable and may be adjudged a nullity if any

of the following conditions existed at the time of the marriage:

(a) The party who commences the proceeding or on whose behalf the

proceeding is commenced was without the capability of consenting to

the marriage as provided in Section 301 or 302, unless, after

attaining the age of consent, the party for any time freely cohabited

with the other as husband and wife.

(b) The husband or wife of either party was living and the

marriage with that husband or wife was then in force and that husband

or wife (1) was absent and not known to the party commencing the

proceeding to be living for a period of five successive years

immediately preceding the subsequent marriage for which the judgment

of nullity is sought or (2) was generally reputed or believed by the

party commencing the proceeding to be dead at the time the subsequent

marriage was contracted.

(c) Either party was of unsound mind, unless the party of unsound

mind, after coming to reason, freely cohabited with the other as

husband and wife.

(d) The consent of either party was obtained by fraud, unless the

party whose consent was obtained by fraud afterwards, with full

knowledge of the facts constituting the fraud, freely cohabited with

the other as husband or wife.

(e) The consent of either party was obtained by force, unless the

party whose consent was obtained by force afterwards freely cohabited

with the other as husband or wife.

(f) Either party was, at the time of marriage, physically

incapable of entering into the marriage state, and that incapacity

continues, and appears to be incurable.