Legal Question in Family Law in California

I was aware that my husband was on a high dose of Ativan for a long period of time, he started taking himself off of it and I noticed signs of mental illness so I started staying with family. After a couple weeks of this he went completely off of it and had a very violent episode of mood swings which made me move out. I had a sheriff escort my into my house to pack up mine & our sons things, at that time my husband showed up grabbed some of his things was singing to himself and yelling odd things. What do I need to prove mental illness for an annulment? I have family members who have witnessed it and possibly the police officer that was there to witness it.


Asked on 4/27/13, 1:18 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Why are you so desperate to get an annulment? Yesterday you were claiming you were forced to stay married. It sounds like you are making up stories to get what you want. The legal system is not a vending machine.

I really suggest that you speak in person to a family law attorney. Even if you don't hire that attorney, they should be able to provide some guidance and explain the divorce process to you.

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Answered on 4/27/13, 2:08 pm

You can't get an annulment for current mental illness. It has to be for mental illness rendering the person incapable of making an informed competent choice to enter into the marriage in the first place. I also join Mr. Roach in wondering why you are so gungho about getting an annulment rather than a divorce. In 95% of the cases or more, the only difference between an annulment and a divorce, due to the putative spouse doctrine, is that it is a LOT more trouble in terms of dealing with the court, since you have to PROVE you are entitled to an annulment by competent evidence in a trial (whereas in divorce you just declare "irreconcileable differences" and that's that), and you can theoretically get it done in less than six months (whereas no divorce judgment can be entered for six months after a divorce case is filed and served). Since you have to wait for a trial date, though, its unlikely an annulment can be completed faster than a divorce anyway. So in reality the only difference is you have to prove entitlement to an annulment in a trial, whereas a divorce is automatically granted.

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Answered on 4/27/13, 2:43 pm


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