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Anthony
Anthony, Family Law Attorney
Category: Family Law
Satisfied Customers: 146
Experience:  14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.
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I received a request for annulment by my spouse in the state

Customer Question

I received a request for annulment by my spouse in the state of California for annulment based on fraud.

There was no fraud in the marriage, spouse just wants to erase fact we were married due to convenience.

I want to remain married to my spouse as long as possible and do not want to reply to the annulment.

What happens if I do not reply to the annulment within the 30 days which was served to me?
or
If I reply back saying a request for separation due to irreconcilable differences, what happens then for both the petitioner (my spouse) and the petitionee (me)?
What are my available options to extend the marriage as long as possible now that an annulment has been served on me?
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.

You must respond to the complaint for anullment or a default may be granted. Your response should deny your spouses allegations. An anullment requires that the marriage be void or voidable. The following are the conditions required for such a determination.

 

An alleged marriage or domestic partnership may be adjudged a nullity as "void" pursuant to Ca Fam §§ 2200 or 2201 or if otherwise invalid from its inception as follows:

Incest: ." [Ca Fam § 2200]

Bigamy: [Ca Fam § 2201(

Marriage/Domestic Partnership Not Lawfully Contracted: Sections 2200 and 2201 (above) do not state the exclusive grounds for invalidating a marriage or domestic partnership as "void." A marriage or domestic partnership ostensibly contracted in accordance with California law is also invalid from its inception and thus void if the parties failed to comply with the Ca Fam §§ 300 and 306 requirements for a valid marriage or the Ca Fam § 297 requirements for a valid domestic partnership).

Basis For Nullity Where Marriage Or Domestic Partnership Is "Voidable"

Minority Of A Party: [Ca Fam § 2210(a)]

Prior Existing Marriage Or Domestic Partnership: [Ca Fam § 2210(b)]

Unsound Mind: ." [Ca Fam § 2210(c)]

Force: . [Ca Fam § 2210(e)]

Physical Incapacity: [Ca Fam § 2210(f)]

Fraud: . [Ca Fam § 2210(d)]

 

 

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 5 years ago.
Please answer my other questions pertaining to California
Expert:  Anthony replied 5 years ago.
You asked two questions... the first was:

What happens if I do not reply to the annulment within the 30 days which was served to me?

The Court will grant a default judgment. It might be a divorce, or it might be an annulment. It really depends on the Judge, but it really should be a divorce, even though he asked for an annulment. An annulment based on fraud must go to the basis of the marriage, such as you claiming to want many children just like he wants, then he finds out you had a hysterectomy. Or wanting a traditional Catholic family, you claim to be Catholic, then he finds out you are a very different religion. They are not easy to obtain, but I have seen it done.

The second and third questions are:

If I reply back saying a request for separation due to irreconcilable differences, what happens then for both the petitioner (my spouse) and the petitioner (me)?

You two will go through the divorce process, which includes the actual divorce, child and spousal support, and custody/visitation issues.

What are my available options to extend the marriage as long as possible now that an annulment has been served on me?

 

I don't know what you mean by "extend the marriage." If you mean reconciling, that will be up to him. If you mean for property purposes, most property issues, such as retirement, will use the Date of Separation as the effective date to end the marital interest in the property.

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