In Re Marriage of Johnston
Opinion
Opinion
Sonenshine, J.
Donald R. Johnston appeals a judgment annulling his marriage to Brenda Johnston.
I
After a 20-month marriage, Brenda sought to have her marriage to Donald annulled. (Civ. Code, § 4425, subd. (d).) Donald agreed the marriage should be terminated but requested a judgment of dissolution be entered.
At the trial, Brenda testified she was unaware of Donald’s severe drinking problem until after the marriage and she was upset to discover this and disappointed in his refusal to seek help. She knew before the nuptials that he was unemployed, but did not realize he would refuse to work thereafter. She stated their sex life after marriage was unsatisfactory and that he was dirty and unattractive. In short, he turned from a prince into a frog.
Donald testified to the contrary, but to no avail. The trial court believed Brenda. “There is a conflict in the testimony as to what happened in this marriage. But the court tends to believe [Brenda] has told the truth when she’s described the events of the marriage and what occurred before.”
The court found Brenda’s consent had been fraudulently obtained and annulled the marriage. Donald appeals.