Can I get an annulment even after my wife was granted the divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get an annulment even after my wife was granted the divorce?
My contention is that my ex “fraudulently” entered into marriage with me for the following reasons only: to get a visa to the US to obtain a US citizenship to help her family members migrate to the US; to get a masters degree to get a better job because of that degree and not need my financial support. As soon as she accomplished all this (right after she got the better job) she dumped me and the last 12 years of our marriage we did not have a normal husband and wife relationship (no sexual contact). I came to realize the extent of this fraud 44 months ago – within the 4 year statute of limitations. Will an annulment wipe out our settlement agreement?
Asked on August 6, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An annulment and a divorce are two separate proceedings. A divorce proceeding is to have the court declare that a valid marriage is over. An annulment proceeding is to have the court declare that a valid marriage never occurred.
You cannot have an anulment and a divorce decree. The court decree is one or the other in California, not both.
If your wife has been granted a divorce decree concerning your marriage in California and the time to appeal this divorce decree has passed, the court has ruled conclusively that you and your former wife entered into a valid marriage.
As a result of this decree of dissolution, you cannot now file a petition to annul your marriage with your former wife.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An annulment and a divorce are two separate proceedings. A divorce proceeding is to have the court declare that a valid marriage is over. An annulment proceeding is to have the court declare that a valid marriage never occurred.
You cannot have an anulment and a divorce decree. The court decree is one or the other in California, not both.
If your wife has been granted a divorce decree concerning your marriage in California and the time to appeal this divorce decree has passed, the court has ruled conclusively that you and your former wife entered into a valid marriage.
As a result of this decree of dissolution, you cannot now file a petition to annul your marriage with your former wife.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.