Thursday, October 16, 2008

Annulments: My Wife Wants Kids, I Do Not, Do We Qualify For an Annulment?

Dear Famularo & Associates:

My wife and I were married three years ago in another state. We lived together for a full year before we got married. We have no children and no property to divide. My wife and I discussed having children before we married, and I informed her that I had a vasectomy and was unable to father any children. Before our marriage, my wife stated numerous times that although she desired children, she was okay with us never having children.

Since our marriage, we have never had sex. When I asked her why, she stated that she did not want to have sex with me unless I had my vasectomy reversed. My wife often states that that before marrying me she fully expected me to reverse my vasectomy and the only way she can be happy is to have children with me.

As soon as I learned my wife was attempting to pressure me to have my vasectomy reversed, I left her. We have not lived together for more than two years. Do I qualify for an annulment?

N.B. in Hemet

Dear N.B.

In order to qualify for an annulment, you must have married your wife upon a mistaken belief that goes to the heart of the marriage. You must also take steps to end the marriage within a reasonable time after learning the truth. It sounds like you qualify to have your marriage annulled based upon fraud.

A disagreement about children certainly goes to the heart of a marriage. There is nothing more fundamental than a couple's choice to reproduce. You do not want children and your wife does. Your wife misrepresented her desire to have children before your marriage. She told you that she was okay with never having children with you and you married her only after this representation. However, once you were married, your wife told you that she secretly desired to have children all along, and even refused to have sex with you unless you agreed to have your vasectomy reversed. Finally, as soon as you discovered that your wife mislead you and was attempting to force you to have children, you left her. Although you still have not filed any legal documents to end your marriage, you separated from her within a reasonable amount of time and the court will likely grant your annulment.

Famularo & Associates
Temecula Attorneys

No comments: