Legal Question in Family Law in California

How do I show proof of force in an annulment? If I have text messages from my husband telling me if I didn't marry him he would kick me & our son out will that be enough for an annulment? If not what else would I need.


Asked on 4/26/13, 9:30 am

1 Answer from Attorneys

No, that is not enough. Legal "force" must be threats, or other restraints on or compulsion of conduct, that are reasonably believed to be credible, real, and possible to be carried out, and that are so dire or compelling as to remove free will to do or refuse to do a legal act. In short, the threat must be so compelling and frightening that you completely lost your free will to decide whether to agree or refuse to enter into the marriage.

You should also realize that if you have freely lived together as husband and wife after the marriage, you cannot obtain an annulment based on force, and even if you never cohabitated as husband and wife, you must file for annulment based on force within four years of the marriage.

Quite frankly, unless he kidnapped your mother and had her held at gunpoint unless you married him, and then you filed for annulment as soon as she was free and safe - or some equivalently dire circumstance - you are not going to get an annulment based on force. In fact, other than bigamy, and occasionally fraud or mental incapacity, annulments just don't happen in California.

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Answered on 4/26/13, 9:59 am


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