jay224 said:
What is the name of your state? CA
My husband and I never consummated our marriage, been married for 1 year and 11 months. Never even had sex while dating for 3 years. After telling him I want a divorce (for other reasons), he tells me the reason we haven't had sex is coz he has always had "hang ups" about sex and has never been comfortable with his body. He only tells me this after we got married. All the time while we were dating, I thought he was refraining from having sex because he's this old fashioned romantic guy who was saving it for our wedding night. So, do you think I can get an annulment based on fraud?
Yes, you can get a get an annulment based on fraud as long as you meet the criteria for nulity.
While his failure to disclose his psychological basis for lack of consumation would be fraud, the next question a judge would ask you is when did he finally disclose his reason and then what did you do?
Grounds for Termination of Marriage
There are only two legal grounds for, Dissolution of marriage in California. The first is "irreconcilable differences," meaning the marriage or partnership cannot be saved. The other reason is "incurable insanity" which, unlike irreconcilable differences, must be proven.
If you are seeking a nullity of marriage, you will need to prove in a court hearing that your marriage satisfies one of the grounds listed below. These must have applied at the time you and your spouse married:
* Incest: incest means the spouses are close blood relatives.
* Bigamy: bigamy means a spouse was knowingly married or registered to another person at the time of marriage.
* Underage: underage means a spouse was below age 18 years at the time of marriage and did not obtain parental consent or a court order permitting the marriage.
* Prior Existing Marriage means a spouse married on the mistaken belief that his or her previous marriage had ended in the death of the other spouse who in fact was still living.
* Unsound Mind: unsound mind means a spouse or partner could not and has not formed the intent to marry due to a mental condition.
* Fraud: fraud means deception regarding a significant matter that led to the marriage continued until the breakup.
* Force: force means threats or acts of harm were used to force one spouse into the marriage.
* Incapacity: incapacity means a spouse was and continues to be physically unable to consummate the marriage.
Depending on the level of proof that you have you have two other options a summary or a regular dissolution.
A summary dissolution is a quick way to get divorced. But not everybody can use it. Briefly, a summary dissolution is possible for you and your spouse if you:
* Have no children together;
* Have been married less than 5 years;
* Don't own or have an interest in any real estate;
* Don't owe more than $4,000 in debts; and
* Have no disagreements about how your belongings and debts are going to be divided up once you are no longer married to each other. THis means that you will have to both agree and cooporate in this process however the cost is minimal and is often done by the couples pro per.
Dissolution of Marriage (Divorce), terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt division, former name restoration, and even restraining orders. AS you said there were other issues as well, this could be the route you chose to take. You may retain a family law attorney or use the Family Law Facilitators office to assist with filling out your forms and answer basic questions. Please also check the self help section of your county superior court site for more information.
http://www.courtinfo.ca.gov/selfhelp/
A civil annulment is different than a religious annulment.
. Never met a man that wasn't up for sex at anytime, anywhere.