Legal Question in Family Law in California
I hired a lawyer for my divorce. It is a simple divorce case since we were married for one year, we don't have kids, and we both want a divorce. However, I needed to be established on the decree that my to be ex-wife suffers legally an anxiety problem. In CA there's no way to establish anxiety as a reason for a divorce, so, my lawyer decided to file the papers asking for a divorce based on insanity.
My ex-wife told me today that if the judge accepts that she is insane, he/she can rule to an annulment of the marriage. That's the last thing I need. I don't need/want an annulment but a divorce.
Is it really possible that the judge give us an annulment? It that's the case how can I stop that?
3 Answers from Attorneys
Why do you need it to be established in the divorce that your wife has an anxiety problem if she is not incurably insane? It has no legal relevance. That is why you aren't allowed to put it in the divorce papers unless it is insanity.
And to answer your direct question, yes, if you put in the papers that your wife was insane at the time of marriage, then the marriage is totally null and void, and an annulment, rather than a divorce, would be the correct decree.
I agree with Mr. McCormick. There is absolutely no reason that you need the divorce decree to read that she suffers from anxiety. California is a no fault divorce state, and has been so since 1975. You are wasting a lot of time and money on something irrelevant. You probably could have proceeded with a summary dissolution.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
