Legal Question in Family Law in California
Annulment in the State of California
I got married in the County of
San Diego less than a year ago. I just found out that my husband has not filed tax returns, or reported any income in at least the last 13 years and in order to protect myself from prosecution I will need to extricate myself from this marraige as soon as possible. Would this constitute fraud as it relates to the definition for an annulment in this state?
3 Answers from Attorneys
Re: Annulment in the State of California
I do believe that it would be sufficient for a judge to grant a nullity. But that answer may vary depending on what judge you have and development of more facts about your marrige. I would suggest that you petition for a nullity of the marriage and "in the alternative" for a dissolution. That way if the judge does not grant the nullity, he can grant the dissolution and you do not need to file a new action. Good Luck, Pat McCrary
Re: Annulment in the State of California
This is not grounds for annulment according to case law on point. You also when getting divorce should make sure you have an innocent spouse exclusion on your settlment agreement for tax issues. Good luck. Also see colin green answer of our firm.
Re: Annulment in the State of California
Probably not. The fraud looked for under Family Code � 2210(d) is fraud that goes to the basis of the marriage -- the intention to be married. Typically, fraud of a purely financial nature is insufficient. You'll need more.
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