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Can I get an annulment after 5 years of marriage?

Los Angeles, CA |
Filed under: Annulment of marriage

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.

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

Posted

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.

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Posted

I'm sorry. I should've clarified that me and my spouse don't have any children together. My daughter is from another relationship and were not seeking anything from eachother, such as spousal support shared assets or debts. We just want everything separate. The only thing I have is a couple of witness who can testify we was intoxicated, but that's about it. I wish I had photos, but unfortunately I don't.

Posted

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

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Posted

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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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