If my wife got pregnant outside our marriage whileI was deployed, can I file for an annulment?

I’m currently active duty military. While I was away my wife got pregnant. It’s been about a year of arguing and trying to end a divorce. I was wandering if I qualify for an annulment? The DNA proves the baby isn’t mine.

Asked on February 27, 2012 under Family Law, California


Barton R. Resnicoff

Answered 8 years ago | Contributor

You have proof that your wife has committed adultery.  That is grounds for a divorce, not an annulment.  To obtain an annulment, it requires proof that it she was not legally able to marry to on the date of the marriage, or his got you to marry her based upon "fraud," that there was a key fact that if you were aware of it, you would not have married her.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  The legal grounds for annulment in California are as follows: physical incapacity, force, fraud, unsound mind, underage, prior marriage or domestic parntership still valid.  You do not have grounds for a legal annulment.  Please try and get some legal help here and step back from it.  You need to move on.  What is preventing that and is it worth the argument?  Good luck and thank you for your service to our Country.  Stay safe.

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