Legal Question in Family Law in California
Annulment
We were married Feb 2005. He would not look for a job and expected me to support him. Intercourse with him was extremely painful for me. He abandoned me Nov 2005, his reason was that he felt he was being followed. After he left I checked the computer, I noticed he had been using Paltalk and claimed he was divorced and there was a message from a woman who lives on the east coast asking him when he was leaving and when he expected he would arrive. I have caught him in many lies. Could any of these be grounds for an annulment? If so, how do I go about filing for one and how long does it take for an annulment to be final? (he also has a bad past criminal record)
2 Answers from Attorneys
Re: Annulment
A recent appellate court case set aside an anullment granted on the grounds that you state in your question. An anullment may be granted only when the fraud goes to the basic purpose of marriage, raising a family. The painful intercourse, if not the result of a physical condition on your part may be possible. However, the simplest and most certain approach is to simply file a petition to dissolve the marriage. Although there is a 6 month waiting period you can be certain that the marriage is over and there is little chance of that judgment being set aside.
Re: Annulment
In a nutshell, the answer to your question is "no" based on the facts presented. Annulment standing would require the marriage be induced by fraud or material fact misrepresentation more or less, not issues arising after the marriage has already legitimately taken place otherwise. Under these circumstances, you would need to file for "no fault" divorce in California. If you would like complete, affordable assistance in this area, contact us directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
