pierce said:
Please inform me how I may go about getting a marriage annulled in the state of California. I need to know what forms to fill out, where to submit the forms, and any other information that you may think is needed.
This individual that I am married to may have a criminal record. We have had a very short marriage, and have never lived together. This marriage was never consumated.
I await your response. Thank you.
My response:
What city and county are you residing? If it's a small town, what is the nearest large city?
It appears from your post, however, and only going by what you have written here, you don't qualify for an annulment. Failure to tell you of a criminal history is not grounds, nor is a failure to consumate grounds for annulment.
GROUNDS FOR ANNULMENT IN CALIFORNIA:
(1) On ground of prior existing marriage: A petition to annul a voidable marriage based on a prior existing marriage (former spouse absent for five years and not known to be living or generally reputed to be dead, may be brought by:
· Either party during the life of the other (Ca Fam Sec.2211(b)(1)); or
· The former husband or wife (Ca Fam Sec.2211(b)(2)).
(2) On ground of "unsound mind": A nullity petition alleging voidability on the basis of a party's "unsound mind" may be brought by the "injured party," or by a relative or conservator of the party of unsound mind, at any time before the death of either party. [Ca Fam Sec.2211(c)]
(3) On ground of fraud: A petition seeking a judgment of nullity on the ground of fraud may be brought only by the party whose consent was obtained by fraud and within four years after discovery of the facts constituting the fraud. [Ca Fam Sec.2211(d); see Marriage of Goldberg (1994) 22 Cal.App.4th 265, 272-273, 27 Cal.Rptr.2d 298, 302-303--so long as deceived party commenced nullity action within 4-year period, it survives his or her death and may be continued by deceased's personal representative]
(4) On ground of force: An action to annul a voidable marriage on the ground of force may be brought only by the party whose consent was obtained by force and within four years after the marriage. [Ca Fam Sec.2211(e)]
(5) On ground of physical incapacity: A nullity action based on physical incapacity may be brought only by the "injured party" and within four years after the marriage. [Ca Fam Sec.2211(f)]
(6) On ground of minority: A petition for nullity of a voidable marriage based on minority may be brought by:
· The party who was under the age of consent within four years after reaching the age of consent (Ca Fam Sec.2211(a)(1)); or
· A parent, guardian, conservator or other person having charge of the minor at any time before the married minor reaches the age of consent (Ca Fam Sec.2211(a)(2)).
Please check with an attorney from your own County for your State's specific grounds. If you don't meet those grounds, then it would appear that a divorce is your only choice.
IAAL
[Edited by I AM ALWAYS LIABLE on 12-06-2000 at 01:16 AM]
