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Ask Walter Your Own Question
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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Ive been mislead and lied to on certain matters

Customer Question

I''ve been mislead and lied to on certain matters about my new wife of 30 days. She lead me to believe certain things about her current situation ie., finances (I find out that she is filing for bankruptcy), baby daddy (there is a lot anger here between the two and I found out that they are still in court), other relationships (I have proof that she just slept with her friends husband). She convinced me that she there was no drama in her life! The things she told me was just to get me to marry her and now there is so much stress in this. How do I get an annulment I live CA and she resides in Atlanta. We were married in CA. What can I do? What should I do?
Submitted: 8 years ago.
Category: Family Law
Expert:  Walter replied 8 years ago.


If you could answer a few questions this would be helpful.

Has she ever lived in CA with you or did you just move back?

I am assuming you want a annulment based on fraud.....was the marriage consummated?

Any children with her and you both?


Customer: replied 8 years ago.
Hi Walter,

Happy New Years. She has never lived in CA. I've lived here all my life. We met online in a "Chirstian dating site" We have no children. She has made statements that she was looking for someone to raise her son instead of his own father!
She is now going through a very tense court case with the father. I told her if I would have known this I would not have gotten involved with her. She trying to take the child out of the state!
Expert:  Walter replied 8 years ago.


You would have the right to request a annulment based on her lies about her finical situation as well as her legal problems. The good news is if it is just the legal situation you are concerned about, since she married out of state the courts will likely approve her to take the child out of state.

If you are interested in filing for a annulment you would need to do so in the state of California since you are a resident there and the marriage took place there.

Marriage under California law is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. But the parties' consent does not alone constitute a marriage. To validate the marriage, the consent must be followed by issuance of a license solemnization and authentication and the certificate of registry of marriage shall be returned.

Either party's consent to the marriage or domestic partnership was obtained by "fraud," unless the defrauded party thereafter, and with full knowledge of the facts constituting the fraud,

The type of "fraud" sufficient to support a judgment of nullity must go to the very essence of the marital [or domestic partnership] relation. Thus, fraud or deceit sufficient to avoid an ordinary contract will not necessarily warrant a judgment of nullity. The alleged misrepresentation or concealment must have been vital to the relationship, directly affecting the purpose of the deceived party in consenting to the marriage/domestic partnership.

I would strongly recommend that you seek legal counsel in your area to discuss wither you have a good case for annulment and if not discuss the implications of a divorce in these matters.

I wish you the best in the new year.


Walter and 6 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you very much that helps. I will consult with an attorney on tomorrow.
Expert:  Walter replied 8 years ago.
Your welcome and I wish you the best with this situation.