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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102301
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I would like to get an annulment in the state of California.

Customer Question

I would like to get an annulment in the state of California. If we got married for insurance coverage and not for love would that qualify?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. In CA, the following qualifies for an annulment:

  • The couple is related by blood.
  • One spouse was already married before entering into the second marriage (this is known as bigamy).
  • The person requesting the annulment was not eighteen years old at the time of the marriage.
  • Either spouse perpetrated a fraud to obtain the other party's consent to marriage. The fraud has to go to the heart, or essence, of the marriage. A good example would be when one spouse persuades the other to marry because of a secret desire to remain in the United States.
  • One of the spouses has an "incurable physical incapacity." This typically refers to male impotence that prevents the couple from having sexual relations.
  • One or both spouses is of "unsound mind" (meaning, a mental condition that prevents them from understanding and appreciating the nature and duties of marriage—including severe intoxication).
  • One spouse forced the other to get married.

The scenario above may qualify for annulment under FRAUD, since the parties only married for benefits. However, an annulment is public record. If the annulment is filed and this is admitted to, the insurance company may (unlikely, but possible) file suit to recover the money based on the facts. So there is that risk. Also, since it is public record, there will forever be a record of you admitting that you married just for this (either in the pleading, or, a court record, etc, if admitted to). So this may be something that a person does not want the public to know.

Ergo, if possible, it may be best to simply DIVORCE instead.

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