Ask A Lawyer: Annulment On Grounds Of Fraud

Question:

I got married in Alabama in Sept 08. We now live in California. My wife cannot have children and she didn’t tell me this. Can we have our marriage annulled, and can we do it in California or will we have to go to Alabama?

 

 

 

 

 

Answer:

I am not licensed in Alabama or California however you need to be aware that annulments are often difficult to obtain and each state has specific statutory factors that must be plead in a petition for annulment. 

Fraud is often one factor that courts will consider in granting an annulment.  The annulment process is similar to a divorce process and if you do not meet the requirements to file for an annulment you could consider filing a petition for divorce.  You need to consult an attorney in California as you will file the petition for annulment or divorce in California.

 

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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