I Married my dream guy but my new husband just told me he was sterile and cannot produce children. What do I do?

Ryan and Nicki have been together for years a recently tied the knot. Ryan is an investment banker and Nicki is a nurse. Together, they both live very comfortable lives while owning a large loft in Midtown Sacramento and are in the process of closing on their 5 bedroom home in Rocklin, CA. The two are preparing to start a family.

There are many different options to start a family and while each is acceptable for most, Ryan and Nicki preferred to have children traditionally. However, with the recent news of Ryan being confirmed sterile, Nicki is now rethinking the whole marriage. Putting all the emotions aside, what is Nicki’s course of action if she chooses to file for an annulment?

What is a California Annulment

An annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal.

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Legal Reasons Why a Marriage is NOT legally valid

Incestuous

This occurs when the parties marry or enter into a domestic partnership and they are related by blood.

Bigamy

This occurs when a person is already married to another person prior to the current marriage (generally a judgment on a divorce was never obtained).

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Reasons Why a Marriage may be declared as Invalid

Age

When a person enters a marriage and they are still a minor (under the age of 18 years old), without consent from a parent, may be declared as invalid.

Statute of Limitations
The person who entered the marriage while under 18 years old must file within four years after reaching the age of 18. However, a parent or legal guardian may file for an annulment while the minor is not yet 18.

Prior Existing Marriage

Where bigamy voids a marriage when a party was currently married while entering into another marriage, prior existing marriage may allow for a party to enter into another marriage when a spouse has been missing for five or more years or is thought to be dead. A spouse may file for an invalid marriage action if the missing spouse returns.

Statute of Limitations
A party may file as long as both parties are alive or by may be filed by the prior existing spouse.

Unsound Mind

A party who is “unsound mind” or is unable to competently understand the nature and obligations of the marriage. This generally occurs when a spouse enters a marriage and the other spouse may not be receptive to what is going on with the relationship.

Statute of Limitations
Before the death of either party, a party of the marriage or by a relative or conservator may file.

Fraud

Either party entered the marriage or domestic partnership as a result of fraud. The fraud occurred when one party was deceived in furtherance to agree to a marriage or domestic partnership. An example of this would equate to obtaining a green card or that a party is unable to produce children.

Statute of Limitations
The deceived party must file within four years of the discovery of fraud.

Force

This occurs when either party enters a marriage but was forced beyond their control.

Statute of Limitations
The forced party must file within four years of getting married.

Physical Incapacity

When the parties enter into a marriage and one of the parties was “physically incapacitated” and the incapacity continues and is presumed, “incurable.”

Statute of Limitations
The party who claims his/her spouse is physically incapacitated must file within four years of getting married.

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In order to be granted an annulment, a party must prove to a judge that any of the above reasons apply to their current marriage. A simple application with “irreconcilable differences” is not an applicable reason for an annulment.

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Based on the above options, a plausible option is for Nicki to assert that unbeknownst to Nicki, Ryan was physically incapacitated when entering the marriage. Nicki may argue that Ryan’s medical condition is “incurable” and one of the desires of the marriage was to produce children with her husband. Moreover, Nicki may be able to prove fraud due to the possibility of producing children of the parties own DNA.

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Effects of a Annulment

Rights and Obligations relating to Children

The legal presumption that children born during a marriage do not exist. Essentially, since there was no marriage, there are no children of the marriage. Thus, a party must file for Parentage of the children and ask the judge, during the annulment process, to establish orders concerning child custody and visitation as well as child support, if applicable.

Rights and Obligations Concerning Property and Debt

The legal rights and duties of California, concerning community property laws, do not apply upon a successful annulment. Essentially, the parties cannot rely on community property laws to equitable division accumulated during their “marriage. “

This also means that the separating parties would not have California rights to asset spousal support or rights to a portion of the other party’s retirement benefits.

As always, there are exceptions such as a party who was in an invalid marriage may have “putative” spouse status. A putative spouse may have a right to community property, support, and other related benefits. A party would have to prove that they had a good faith belief that the marriage was legal under California law.

If you have questions about the process or you are unsure if your current situation is applicable for an annulment, contact one of our family law attorneys for a consultation.