Legal Question in Family Law in California

I was married on 5/14/10 and my bride and I never consummated the marriage and never lived together since then. She has now decided that she is no longer interested in the marriage after all.

I filed for an annulment and she will be served with the summons this week, here are my questions:

1) Do I have to request for a hearing date or will the court automatically schedule one after she is served?

2) Will I have to appear in court or will written declarations from her and myself be enough for the judge?

3) Should the judge approve the annulment, about how long will it take to be final?

Thank You


Asked on 6/23/10, 10:07 am

2 Answers from Attorneys

These are all questions that involve local process and proceedures. You should contact the local Family Law Facilitator in your county for help with this.

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Answered on 6/23/10, 1:29 pm
Anthony Roach Law Office of Anthony A. Roach

Here are my short answers, although I do understand why Mr. McCormick referred you to the Family Law Facilitator:

1. You have to have her served. If she responds, depending on the court's rules for the county that you are in, you will have to set for trial or other hearings as necessary. If she does not respond, you request the entry of her default, and apply to the court for a default judgment.

2. In my experience, when a party is requesting an annulment, the trial judge almost always requires live testimony.

3. I seriously doubt the judge will approve your annulment based on the information that you have provided. A failure to consummate the marriage is not grounds for annulment alone, unless one of you is incapable of consummating the marriage due to a physical problem and that spouse defrauded the other about that capability.

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Answered on 6/24/10, 6:02 pm


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