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Would it be grounds for an annulment in california based on fraud that a drug addiction was hidden?

Sacramento, CA |

I live in CA i've been married just over a year and within this year my husband has told me of a drug addiction he had had previous to marrying and now while we are married. He also went from a law abiding person to someone who is in a pending trial for being arrested for grand theft auto. I am wondering if i have proper grounds to annul the marriage considering if i had know of this drug addiction i would have never married him and do consider it fraud or if a divorce is easier. We currently have been living separate for the last month. He isn't exactly in of sound mind due to the fact that he is using Meth. I have already had difficulty with getting him to sign anything that would have to do to a divorce.So here i am asking for some advice on what to do.

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Attorney answers 3

Posted

It might be if it went to the very essence of the marriage. You are probably going to have a hard time with an annulment and it will cost more than a straight divorce (aka dissolution) because of the additional evidence and hearings and you may not prevail.

Chance are if you file the divorce, he won't respond is he is a meth addict (my experience in the past).

If your goal is to end the marriage, then a divorce will be the fastest way. You set it up planning on him not responding and then 30 days after he doesn't respond (in general), you can then file for the default.

Good luck with your situation and sorry to hear that things didn't go the way you hoped.

Take Note: Common Sense and this environment (the internet) require me to remind everyone that this answer isn't legal advice, and shouldn't be relied upon. Remember-every state has different laws, rules and regulations and each person's situation is fact specific, and it is impossible to evaluate a legal problem without a thorough evaluation and review of all the facts and documents at issue, including potential investigation. By answering or posting information here, it doesn't create an attorney-client relationship.

Matthew Williamson

Posted

Annulments based on fraud are very hard to get. the result is that it is as if the marraige had never occurred and everyone is returned to their original status. Divorce only requires irreconciliable differences on one side and cannot be opposed. It is quicker and cheaper than annulment. The only down side is that if this man has run up a lot of debts you might be responsible for half of them.

Posted

understand your point but if drug addiction or alocholism were grounds for annullment in California, there would be literally millions of anullments. Get a summary divorce instead, it will be quick and easy, if there are no children or property involved.