Q: Can I get an anullment when my husband did not disclose he knew he had Hep C prior to the marriage-?
Hep C is a potential sexually transmitted disease with little chance of cure. He assured me he had been fully tested and was completely disease free. We've been married 2 yrs.
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
California is a "no fault" divorce state, which means one spouse can seek to terminate the marriage without having to prove the other spouse did a wrongful act. You should consider all options to save your marriage. After doing so, if you feel there is no choice but to end the marriage, you can petition for dissolution of marriage. Be sure to consult your own attorney to protect your legal rights.
A:
An annulment voids the marriage, and, in the eyes of the law, the marriage never happened. There is no six-month waiting period like in divorce actions, but a court trial is mandatory even if the other spouse agrees to the annulment. A short marriage is not automatically annulled, and changing one’s mind after marriage is not a basis for an annulment. This action has very specific requirements. Marriages are usually annulled for fraud or bigamy. Some examples are:
• Bigamy- one of the parties was already married
• Fraud- the parties never intended to live together
• Fraud- one of the parties never intended to have children
• Fraud- the marriage was only for immigration purposes
An annulment is not sealed and is public record. Anyone can access information about the annulled marriage. Because an annulment always requires a court trial, it is as expensive—or even more expensive—than divorce. Many people who qualify for an annulment choose not to obtain one for these reasons.
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