Legal Question in Family Law in California

annulment time limit where fraud is involved

If married, and without prior knowledge of spouses past and current gambling debts, can i be granted a marriage annulment in california if duration of marriage exceeds 6 months?


Asked on 1/29/02, 11:22 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: annulment time limit where fraud is involved

You may have grounds for an annulment based upon fraud. However, you may not need an annulment it you did not know that he was incurring gambling debts during the marriage the court would probably order him to pay those debts and you would have no liability for them. ( I say probably because you will need to develope that information in more detail with an attorney. If for example he used a credit card to incur the debt and you had signed for the credit card, you would be liable to the credit card company.) Any debt that he incurred prior to the marriage is his separate debt. File for a nullity of the marriage, asking for a dissolution in the alternative. Don't "gamble" on this, get good legal assistance. Good Luck, Pat McCrary

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Answered on 1/30/02, 10:16 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: annulment time limit where fraud is involved

That would not be grounds for an annulment as his past debts are his separate debts.

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Answered on 1/29/02, 12:17 pm


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