Nullity Of California Marriage | Unsound Mind | Drug Use | Family Code 2210c
Today, I want to talk to you about a case where we have to take on regarding an annulment.
And it’s interesting because the person filing for the annulment or the person asking for annulment of their divorce is basing their proof on the fact that their spouse is and was of unsettled mind.
So unlike divorce where you don’t need to have any proof or any reasons of why you want to get to divorce when you ask for annulment you have to prove one of the couple issues and I have adjust those in prior videos.
This one specifically we’re talking about unsettled mind is the reason for asking for an annulment.
So short term marriage is you know if it’s a short term marriage a lot of people think probably most of you from watching movies that if you get married in a week or later one you’ll have it annulled and that’s the reason.
But that’s not necessary the case. But these folks do have a short term marriage. It was just a couple of months in length.
And the foundation for asking for the annulment is based on drug use. And so I think this will be an interesting case that we take on.
We’re going to petition the court for the annulment of the divorce and base it on again a claim of unsettled mind due to drug use.
It’s a drug use according to the client with so prevalent that the usage has now caused the spouse to just not be able to make decisions and be totally for the unsettled mind.
So what’s going to be interesting to see as if the court of the judge in this particular case allows the annulment to go through based on the claims of unsettled mind due to drug use.
So I’ll report back on how this case proceeds and if this is something that moves forward and any other particulars of how this case goes down.
But just, so, you know if you are unable to prove your annulment for whatever reason you choose you’re unable to prove to the court or the court doesn’t even believe or justified to allow the annulment what they will do is they will transfer your annulment filing into a petition for divorce.
So you can attempt to get the annulment if the annulment does not go through then they will convert your case to divorce case.
Now we’ve handle several annulment cases and they’ve been successful. Most of them have been for where the parties agreed to the annulment.
So this will be a case where the other party is not going to agree. They’re not going to sign off on this. They’re not going to write a declaration saying they’re of unsettled mind.
So we’re going to petition the court to see if they will buy off on this reason to annul it and otherwise this is going to be converted to a petition for divorce.
We do handle annulment cases as well as divorce, legal separation so forth.
If you need help with any family law related issue please feel free to give us a call at 661-281-0266.