Legal Question in Family Law in California

Can I file for annulment?

Is failure to consummate a marriage of 3 1/2 months legal grounds for annulment in California? The court forms list only incapicity and fraud, I do not see this as an option on the forms. Although we have a child together, the child was born prior to the marriage. I want to know if I have grounds for annulment, or should I file for a standard divorce.


Asked on 10/24/00, 7:45 pm

1 Answer from Attorneys
Michael Gray Barber & Gray, LLP

Re: Can I file for annulment?

This could be fraud depending on why the marriage was not consummated. File for both (you can) and see if the judge grants the annulment. But, why do you want an annulment instead of a divorce anyway?

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Answered on 11/16/00, 7:18 pm


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