Goodwin-Mitchell & Mitchell: Annulment

In re Marriage of Goodwin-Mitchell & Mitchell (Annulment)

California Court of Appeal, First District

Published Opinion, (2019) 40 Cal.App.5th 232

File Date:
Filed 9/24/2019

The family court granted the wife’s petition for annulment based on fraud because the wife discovered her husband was having an affair and taped a sexual encounter with one of his girlfriends in the family home. The court of appeal reversed because Family Code section 2210, subdivision (d) states: “A marriage is voidable and may be adjudged a nullity if … the consent of either party [to the marriage] was obtained by fraud, unless the party whose consent was obtained by fraud afterward, and with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse.” The couple continued to cohabit long after the wife discovered the infidelity. Therefore the wife did not meet the test for annulment.

Goodwin-Mitchell and Mitchell 9-24-19

The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.