I feel like my marriage was a fraud, can I get an Annulment?

Maybe. Often clients are surprised at how specific the situations are where the Court will grant an annulment. Here are some common factual circumstances where a marriage can be annulled:  (1) the couple is related by blood, (2) one spouse was already married before entering into the second marriage, (3) one spouse was not eighteen years old at the time of the marriage, (4) either spouse perpetrated a fraud to obtain the other party's consent to marriage, (5) either spouse has a mental condition that prevents them from understanding and appreciating the nature and duties of marriage—including severe intoxication.

We did not record our marriage certificate, can I get an Annulment?

No. One of the most common questions is whether failure to record a marriage certificate is grounds for an annulment.  Unfortunately, in California the failure to record a certificate of registration of a marriage does not invalidate an otherwise valid marriage. Marriage of Cantarella(2011) 191 CA4th 916, 925.

My spouse only married me to get a Visa, can I get an Annulment?

When one spouse persuades the other to marry because of a secret desire to remain in the United States.  A judgment of nullity based on fraud is also warranted where one party's motive in entering the marriage was solely to obtain a green card (to acquire U.S. residency status) and he or she never intended to engage in sexual relations with the other or to meet marital duties.

What are examples of fraud that constitute nullity or annulment?

California courts have found the following circumstances as evidence of fraud: (1) if either party hides the knowledge of infertility or sterility, (2) the female partner  hides an existing pregnancy, (3)  concealed intent not to live with the other spouse or (4) concealment of the intent to not to engage in sexual relations with the other spouse, (5) or concealment of the intent to not to have children despite a promise to the contrary.

A recent example where a finding of fraud was supported was in Marriage of Ramirez where a spouse’s intent to ignore his marital obligation of fidelity supported a finding of fraud when the husband intended to continue ongoing simultaneous sexual relationships with both his wife and her sister at time of marriage.

However, not every unhappy situation is a fraud.  For example, an allegation that “the husband turned out to be, in the eyes of his wife, a lazy, unshaven disappointment with a drinking problem” was not enough to justify a judgment of nullity.  Additionally, a spouse’s premarital misrepresentation of his financial status was not enough to grant an annulment based on fraud. 

If you are thinking about asking for an Annulment on the basis of fraud, contact a family law attorney today, you can reach me at amanda@gordonfamilylaw.com