Can I get an annulment after 5 years of marriage?

Asked about 1 year ago - Los Angeles, CA

I'm seeking an annulment from my spouse because he was extremely intoxicated during our wedding ceremony and told me the very next day he made a big mistake. I lost all contact with him after that point. The only reason I haven't filed for an annulment for all this time is because I myself had been abusing drugs/alcohol, became homeless, got arrested and served time in jail and gave birth to my daughter just after getting off probation so I've put this issue on the back burner. My spouse agrees that the marriage should be annulled.

Additional information

I should add that me and my spouse don't have any children together and were not seeking ANYTHING from eachother, including spousal support, shared debts or assets. We want everything in our own name separated. We just want to move on and put this behind us.

Attorney answers (3)

  1. Anthony Allen Roach

    Contributor Level 14

    3

    Lawyers agree

    1

    Answered . It doesn't matter that both spouses consent to an annulment. You would have to probably prove to a court that he was of unsound mind. A good discussion of the grounds for annulment are here: http://www.courts.ca.gov/1037.htm#legal

    Even though you ask for annulment, there would still be other issues that come with a divorce, such as custody, visitation, and support, and division of assets.

    DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way... more
  2. Richard Forrest Gould-Saltman

    Contributor Level 19

    2

    Lawyers agree

    Answered . It will probably be MUCH easier and cheaper to do an uncontested divorce.

  3. Stephen Ross Cohen

    Contributor Level 20

    Answered . Do you want your daughter to be illegitimate? Otherwise get a divorce it takes a little longer.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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