Legal Question in Family Law in California

Lack of consumation of a marriage is not a specific ground for annulment. In California, a party can obtain an annulment for a void or a voidable marriage. A void marriage is a marriage that is void at the inception, because of statutory reasons such as incest, bigamy, etc. A voidable marriage is a marriage that is presumed to be valid, but is voidable at the election of one of the spouses on one of the following grounds:

1) One of the spouses was a minor and incapable of consenting to marriage;

2) Either of the spouses was of unsound mind (on the day they were married);

3) The consent of either party to marry was obtained by fraud( The fraud generally has to be of one of the spouse's procreative abilities, and must go to the heart of the marriage.);

4) The consent of either party was obtained by force;

5) Either party was, at the time of the marriage, physically incapable of enterein into the marriage state, the incapacity is continuing, and appears to be incurable. (Fam. Code, sec. 2210.)

Only Family Code section 2210 appears even remotely close to what you describe, but failing to consummate is not sufficient. You would have to show that he was physically incapable when you were married, that he remained physically incapable, and that it is incurable. Not doing it, or not wanting to do it, is not the same as not being able to do it.

The annulment process is worse than the divorce process, despite what anyone has told you, or you have seen on TV. Unlike a divorce, which does not require grounds for fault, a proceeding to annul a marriage opens up all kinds of issues like fault, and embarassing personal details. After that is over, the court tends to view one of the spouse's as a putative spouse, so there are still sometimes property and debt issues to decide. And it is heard by the same court, and involves the same form. Whoever told you it was easier was yanking your chain.