how do i go about getting an annullment in the state of california?

Question

i've been married a little over a month. i discovered that my "husband has recently registered to meet singles for sex on a website. i want to site fraud and get an annullment. anyone with info? thanks

i've photocopied his membership evidence and the billing history which has his name and credit card info.

Answer 1

You need to consult an attorney on this issue.

In California, you generally see annulment referenced as nullity of marriage in the statutes and case law. It is very rare. You need to go before a judge and obtain an order that the marriage was not legally valid (too young, incestuous, bigamous, consent obtained through force or fraud, or physical or mental incapacity of one partner). As an alternative, California has something called "summary dissolution" that you may want to look into. It is a very quick, inexpensive divorce available in certain cases (your marriage sounds like it may be possible if your husband does not choose to contest the divorce).

In the case of fraud, you have four years after discovering the fraud to bring your action for a nullity of marriage, but I would not recommend waiting that long. You will have the burden of proving the fraud and usually folks contest a judge finding that they committed fraud. So your husband may choose to contest it. This renders your chance of obtaining a nullity of marriage problematic (even if he agrees, the Court can still deny your petition).

Also, if--having learned of the fraud by which your consent was obtained--you "afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife," then you blow your chance for an anullment.

Again, each case has different facts. You really need to consult a lawyer on this issue and learn how the law applies to your situation. And I suggest doing it sooner rather than later.

Good luck.

Answer 2

You (or better yet, your attorney) needs to file a petition with the state court, challenging the marriage license as invalid.

To get an annulment, you would generally need to prove that you entered into the marriage based on specific statements of fact (not promises of future behavior) that were false when they were made, and that you would not have entered into the marriage if you had known the truth of those facts at the time.

So, while you can probably get a divorce based on the above behavior, annulment might be a bit difficult. Consult an attorney for more details.

Answer 3

you could bypass on your community county courthouse to %. up an annulment style. there is also loose criminal suggestion available at maximum courthouses. the circumstances and places are frequently printed the position the kinds are. In California, you could annul your marriage as long as you have not any further been married for over 6 months, have not made any important purchases jointly (verify the kind, it will clarify more advantageous) and in no way conceived a baby jointly.

Answer 4

If you're a Catholic ask your priest for advice. If not, phone a lawyer to find out if there is a legal precedent.

Sorry to hear about this. Thank your lucky stars that you found this out so soon and not several years down the track.