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We live in Ca. We married in Las Vegas, can we get an annulment, base on the fact, I am lebsian?

Fresno, CA |

He is 25+ yrs older.than me. We haven't consummated the marriage. I was unsure of my sexual orientation. I know now and have accepted the fact, I am gay. He didn't know this before we married but he knows now. I'm not attracted to or interested in the opposite sex .How do I prove I am lesbian? Plus, I also did it to unset some family members. We both agree to an annulment since it gives me back my single status, I am young, over 18 but not 21 yet. He thinks it is that important for me and my future. I have a few assets but, I know he isn't interested in them. Regardless, we will separate legally .What do we do? I know we need an attorney. Also, Is there anything the family can do to him legally? Civil or otherwise? Thank You for your response.

Attorney Answers 2


The fact that you now simply "don't want to be married" doesn't get you an annulment; it gets you a dissolution (a divorce).

The only basis on which your husband could request an annulment , if he filed within the statute of limitations, would be if he were to claim that you defrauded him as to your intentions during the marriage. He'd then have to put on evidence of that fraud in court, and the court would then enter a judgment determining that you'd defrauded him in entering into the marriage. You'd probably have to disclose that in any background check which asked about judgments for fraud. THAT would NOT be good for your future.

YOU've got NO apparent basis for requesting an annulment. Nether "I wasn't sure I was interested in men" nor "I did it to make my family angry" entitle you to a nullity; they simply show that you made a bad choice getting married.

Why would anyone's family be able to do anything about this? You're an adult, he's an adult, and while you may have made a poor choice, it was yours to make.

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THis is not legal advice nor is intended to create an attorney-client relationship.

You made a mistake. Unfortunately, it's not one that can be solved by way of annulment. The requirements for annulment are very specific. What's more, it would require you to go to court and it is quite lengthy. You would do better just getting divorced. If you meet certain requirements, you can do so by way of "summary dissolution" - less expensive and faster (faster than an annulment)... and you don't ever have to set foot in court. To qualify for summary dissolution, you must have been married less than 5 years, not have any children, not be requesting spousal support, not have any real property, not have assets/debts totalling over $30,000 (I believe - have to make sure they didn't change that amount), and meet a number of other requirements. If you met those requirement, you can get yourself a summary dissolution which, normally, only requires one filing fee (the court fees are usually doubled in a traditional divorce). You shouldn't have to pay more than $500-$700 for an attorney to handle your summary dissolution.

Note: You do not have to get a legal separation in order to file for divorce. This is a common belief. Date of separation is important in that it is a cut of for community assets and debts, as well as support for a short term marriage (under 10 years). But date of separation does not refer to a legal separation through the courts. It just refers to the date that one of you communicates to the other that you want out of that marriage.

If you both agree on everything, you may want to find an attorney who can just help you figure out what will be the best process for you, and who can also prepare the paper work for you - or at least review what you have already prepared. Of course, you should always get individual advise from an attorney as to your best legal interests. But I recommend getting an attorney mediator to prepare everything as a neutral, and then work with your own consulting attorney to make sure you are making the right decisions.

For more information, visit my web site. Good luck to you both.

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