barnabybquentin
Junior Member
Edit: Issue resolved. Does not qualify for annulment. I will leave this here for future reference for others since it got pretty long.
What is the name of your state (only U.S. law)? CA
I have two questions. The important question regards whether or not my wife and I qualify for an annulment in the state of CA. We reached an impasse in March and have finally mutually agreed to end our relationship amicably. We would like an annulment, but if it is not possible then we will settle for a different sort of separation. I will give as much information as I can to help paint our situation properly.
We have been married for 1 year and 2 months. I am 25 and she is 28. We moved into an apartment and have been living together for about 1 year and 1 month. She is in the Air Force and I am not in the military. Our marriage began after she was already in the military for 6 months. We have no children and she is not pregnant.
We believe that our situation may constitute as fraud. The situation is thus: she is and has always been adamantly against having children. I have always been adamantly for adopting children in my lifetime. Each of these ideals were known to both parties at the beginning of the relationship 3 years ago. After a year of dating I lied about changing my mind. I then concealed the fact that I still wanted kids in order to get her to marry me. I had hoped that when revealing this later, she would have a change of heart (I know that I am stupid thank you). I did so in March and basically ripped her heart out. We have been trying to reconcile since then, but the looming presence of this deal-breaking debate was always over our heads. After much private discussion (no professional counseling if that matters), we came to our current conclusion that we cannot continue this marriage due to my fraudulent act. She stated that she would not have married me if I had told her that I still wanted kids. According to the courtinfo.ca.gov, a marriage where one party "conceals an important fact (that I want children) such as permanent impotence or sterility" is fraudulent. We consider my deception to be extremely similar to their example.
Does this qualify for as fraud and can we get an annulment? If not, what is the next best alternative? We would like to avoid a divorce simply due to the negative connotations involved, but will settle for one if absolutely necessary.
My second question is about alimony. We are currently in agreement as to my not paying alimony, as we are still friendly. However, sometimes people change and I would like to be prepared if the unlikely occurs. If she later decides that she changed her mind and wants to collect alimony from me, can she? Obviously we haven't initiated any court action yet, so she could still get an attorney and try to collect alimony. I make more than her by a large margin, but she is currently still in the same position that she was in prior to the marriage, so I don't believe that there can be any reason for her to be able to collect from me (there was no "holding back" or raising of children or any of the usual reasons. She had a career before the marriage and still has the same career, completely unaffected by me. Actually, I moved across the country and had to find a new job due to her military position.)
She makes around $30,000 per year. I make about $80,000 taxable income per year. We own no property and have little in terms of material goods to split. I have only had my job for almost 1 year and we really haven't bought anything at all. I have been paying for rent and most living expenses due to my higher income and saving all of my extra money. We initially made this agreement so that she could pay her old student loans from before the marriage. She still has about $8,000 in student loans, which is why I fear that she may try and claim payment from me. I have about $40,000 in the bank and no 401k, but I do have an IRA worth about $4000. Is it possible for her to claim any alimony from me or to claim part of my banked savings?
The money question isn't nearly as important as the fraud question, but I threw it in there anyways just in case anyone had an answer.
Apologies for the massive description and thanks for readingWhat is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)? CA
I have two questions. The important question regards whether or not my wife and I qualify for an annulment in the state of CA. We reached an impasse in March and have finally mutually agreed to end our relationship amicably. We would like an annulment, but if it is not possible then we will settle for a different sort of separation. I will give as much information as I can to help paint our situation properly.
We have been married for 1 year and 2 months. I am 25 and she is 28. We moved into an apartment and have been living together for about 1 year and 1 month. She is in the Air Force and I am not in the military. Our marriage began after she was already in the military for 6 months. We have no children and she is not pregnant.
We believe that our situation may constitute as fraud. The situation is thus: she is and has always been adamantly against having children. I have always been adamantly for adopting children in my lifetime. Each of these ideals were known to both parties at the beginning of the relationship 3 years ago. After a year of dating I lied about changing my mind. I then concealed the fact that I still wanted kids in order to get her to marry me. I had hoped that when revealing this later, she would have a change of heart (I know that I am stupid thank you). I did so in March and basically ripped her heart out. We have been trying to reconcile since then, but the looming presence of this deal-breaking debate was always over our heads. After much private discussion (no professional counseling if that matters), we came to our current conclusion that we cannot continue this marriage due to my fraudulent act. She stated that she would not have married me if I had told her that I still wanted kids. According to the courtinfo.ca.gov, a marriage where one party "conceals an important fact (that I want children) such as permanent impotence or sterility" is fraudulent. We consider my deception to be extremely similar to their example.
Does this qualify for as fraud and can we get an annulment? If not, what is the next best alternative? We would like to avoid a divorce simply due to the negative connotations involved, but will settle for one if absolutely necessary.
My second question is about alimony. We are currently in agreement as to my not paying alimony, as we are still friendly. However, sometimes people change and I would like to be prepared if the unlikely occurs. If she later decides that she changed her mind and wants to collect alimony from me, can she? Obviously we haven't initiated any court action yet, so she could still get an attorney and try to collect alimony. I make more than her by a large margin, but she is currently still in the same position that she was in prior to the marriage, so I don't believe that there can be any reason for her to be able to collect from me (there was no "holding back" or raising of children or any of the usual reasons. She had a career before the marriage and still has the same career, completely unaffected by me. Actually, I moved across the country and had to find a new job due to her military position.)
She makes around $30,000 per year. I make about $80,000 taxable income per year. We own no property and have little in terms of material goods to split. I have only had my job for almost 1 year and we really haven't bought anything at all. I have been paying for rent and most living expenses due to my higher income and saving all of my extra money. We initially made this agreement so that she could pay her old student loans from before the marriage. She still has about $8,000 in student loans, which is why I fear that she may try and claim payment from me. I have about $40,000 in the bank and no 401k, but I do have an IRA worth about $4000. Is it possible for her to claim any alimony from me or to claim part of my banked savings?
The money question isn't nearly as important as the fraud question, but I threw it in there anyways just in case anyone had an answer.
Apologies for the massive description and thanks for readingWhat is the name of your state (only U.S. law)?
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