According to the state law of California, you may seek an annulment in Orange County based on specific requirements, which you must prove when requesting the annulment. Among the claims for finding whether a marriage is void are: minority, bigamy, unsound mind, force, physical incapacity, and fraud.
Pursuant to California Family Code § 2210(d), a marriage is “voidable” in Orange County if either party’s consent to the marriage was obtained by “fraud.” The type of fraud the statute refers to must go to the very essence of the marital relation. In fact, the misrepresentation or concealment must have been vital to the relationship and must have directly affected the deceived spouse.
When requesting an annulment of a voidable marriage, the determination of fraud will of course depend on the facts of your case. The California courts have granted annulments based on fraudulent behavior where one spouse lies about their sterility, chooses not to terminate a sexual relationship with another person, fails to consummate the marriage, or even conceals their intentions to not have children despite a promises to the contrary.
Determining whether you qualify for an annulment based upon fraud can be a very difficult assessment and will have a significant impact on your support and property rights. The family law firm of Wallin and Klarich is prepared to answer your family law questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 for additional information.