Legal Question in Family Law in California
family law
what evidence is needed to prove the alledged grounds for annulment? do both parties need to appear at the hearing? if the defendant lives out of state does that effect the case jurisdiction? I would appreciate any assistance that any one can provide to me, this is an urgent matter for me.
Thank you so much
Fran
2 Answers from Attorneys
Re: family law
I'm not sure I fully agree with the first atty. I'm not certain, but I don't think you have to have lived in the County for even 3 months. It is correct that the other person's whereabouts is not relevant so long as you are not asking for money or property.
In my county (San Diego) I have not found the courts to be liberal in applying nullity of marriages. Here, you would have to show up and testify, establishing the basis for the nullity which are numerous.
The usual grounds are fraud. Examples: Before we married he said he was going to live with me and never did. Before we married he said he wanted children but now says he will never want children. In other words, it has to be something that goes to the heart of the marital relationship. If it's just "I thought he was a nice guy but I've discovered he's a jerk", that's what divorce is for.
Re: family law
Only you need to have been in the county where you file for 3 months, it is irrelevant where the other party is. To get an annulment you need to show the marriage was invalid, i.e. you were forced into it or entered into it on false pretenses.--don't worry, courts are pretty liberal when deciding the marriage is invalid. However, the longer you wait, the less likely it will become the court will grant an annulment and make you go through the painstaking long drawn out process of divorce.