Does my situation qualify as fraud for an annulment?

[mommyof4]

Our situation is promising not to have children and then not following through (although I suppose it isn't really "not following through" since I haven't gone and obtained a child behind her back, more like not intending to follow through.)

Thus, the death knell to your desired annulment suit.

 

[barnabybquentin]

I agree.

You could spend a huge amount of time and a large amount of legal fees on an annulment lawsuit and still be married.

Does this mean that if both parties agree that fraud took place and wish for an annulment, the judge can decide for us to remain married? If so, then yes, we will be moving towards divorce. And why would I be spending a huge amount of time and legal fees for this? No lawyers so far, and the CA annulment procedure page doesn't list any fees. Do annulments cost more than divorces? The website says that they are easier and sometimes faster than divorces, so I am confused.

 

[seniorjudge]

Q: Does this mean that if both parties agree that fraud took place and wish for an annulment, the judge can decide for us to remain married?

A: Yes.


Q: And why would I be spending a huge amount of time and legal fees for this?

A: Lawyers and courts cost money.


Q: Do annulments cost more than divorces?

A: Generally, yes. They are harder to prove.

 

[barnabybquentin]

Thus, the death knell to your desired annulment suit.

I see. Intent counts for nothing.

Except in the Maslow case, where there was only intent of one party to not have children. It is different, I agree, because with the Maslow case, intent can be proven by saying "hey, where are the kids?" and none are produced because one party can't make them himself. When the same question is asked of my case and the same answer results, nothing is proven because I couldn't make them on my own.

Thank you for pointing this out.

I am still curious as to why an annulment would take longer and be more expensive though. The official website states otherwise.

 

[thedoctorisin]

Our situation is promising not to have children and then not following through (although I suppose it isn't really "not following through" since I haven't gone and obtained a child behind her back, more like not intending to follow through.)

The cited situations involve natural expectations for marriage. Yours involves an unnatural expectation. Your wife was upfront about her not wanting children. So there was no fraud on her part. You were okay with your wife's plans when you married. The only thing that changed is your mind: Now you are no longer okay with not having children, and you no longer wish to be married to your wife.

You can spend a lot of money and try to get an annulment, but don't count on it. Unless you are independently wealthy, there are better things to spend your money on.

 

[barnabybquentin]

Q: Does this mean that if both parties agree that fraud took place and wish for an annulment, the judge can decide for us to remain married?

A: Yes.


Q: And why would I be spending a huge amount of time and legal fees for this?

A: Lawyers and courts cost money.


Q: Do annulments cost more than divorces?

A: Generally, yes. They are harder to prove.

As of now, there will be no lawyers. Wouldn't it then cost the same? I could see it costing more if multiple sessions or longer sessions are required.

Comparing the two, all things being equal such as time required in court, would an annulment still cost more?

 

[seniorjudge]

As of now, there will be no lawyers. Wouldn't it then cost the same? I could see it costing more if multiple sessions or longer sessions are required.

Comparing the two, all things being equal such as time required in court, would an annulment still cost more?

It's your money.

Go spend it as you like.

 

[barnabybquentin]

The cited situations involve natural expectations for marriage. Yours involves an unnatural expectation. Your wife was upfront about her not wanting children. So there was no fraud on her part. You were okay with your wife's plans when you married. The only thing that changed is your mind: Now you are no longer okay with not having children, and you no longer wish to be married to your wife.

You can spend a lot of money and try to get an annulment, but don't count on it. Unless you are independently wealthy, there are better things to spend your money on.

My expectation is the exact same as in the cited case. The difference is that in the cited case, the wife lies and says she WILL have kids, while in my case the husband lies and says he WON'T have kids. In both cases, the husband's expectation is the same: to have kids.

You state that my wife was upfront so there was no fraud. You ignore the part about the husband committing fraud by not being upfront.

This is not an accurate summary of the situation.

However, others have already discredited my case in other ways!

 

[barnabybquentin]

It's your money.

Go spend it as you like.

The question was "what is the difference in cost and for what reasons?"

I am just trying to gather as much information as possible.

 

[seniorjudge]

barney, do you know how to draft an annulment petition?

 

[seniorjudge]

The question was "what is the difference in cost and for what reasons?"

I am just trying to gather as much information as possible.

If you can represent yourself, then obviously you will save a lot of money.

Who is going to represent your wife?

 

[barnabybquentin]

Hmm we were going to just read the hell out of this:

http://www.courtinfo.ca.gov/selfhelp/additionalinfo/documents/Going_to_Court_Without_a_Lawyer.pdf

which is tailored specifically to divorce/separation/annulment.

If it is bollocks though, we will do something else!

 

[barnabybquentin]

barney, do you know how to draft an annulment petition?

Oh yes, unless this site is leaving something out. It has a step-by-step guide to the process and appears to be written to the lowest common denominator (which is me in terms of law)

California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment: Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment

 

[Zigner]

Oh yes, unless this site is leaving something out. It has a step-by-step guide to the process and appears to be written to the lowest common denominator (which is me in terms of law)

California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment: Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment

Get a divorce. Your case does NOT meet the criteria for an annulment.

Oh, wait...you haven't been satisfied with that (correct) bit of advice yet. Ok, how's this. Yes - you're the man! Go for it, get that annulment! It's yours for the taking! WooHoo!!!

 

[barnabybquentin]

Get a divorce. Your case does NOT meet the criteria for an annulment.

Oh, wait...you haven't been satisfied with that (correct) bit of advice yet. Ok, how's this. Yes - you're the man! Go for it, get that annulment! It's yours for the taking! WooHoo!!!

I admitted this a long time ago. Is it hurting you that I still seek information? When someone tells you a fact, do you immediately believe it or do you look to validate it further?