Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.

Good question.

You can only annul for very specific reasons:

Fraud/duress/mental incapacity/or coercion (force) brought within 90 days...

OR, physical incapacity (can't have children) within one year.

Underage

Or otherwise prohibited.

This would be public policy reasons (e.g. parent marries child).

No, duress means that she forced you to marry.

No, unfortunately not.

That would be cause for divorce only.

In this case, yes.

You only have to pay alimony based on three factors: (1) long length of marriage; (2) prior agreements to pay; or, (3) financial need coupled with financial ability.

No, that would mean it's more likely you would pay her alimony.

... because of her impoverished state.

However, you can agree to a side agreement (which would be honored by the court).

An agreement you come to on your own.

In California, if that's where you were married.

You can motion to change venue (at the convenience of the parties).

But, you must initiate in California.

It can be.

You can file pro se, but then she will have the upper hand (if she hires an attorney).

Likely not.

...the attorney is not allowed to accept contingency in divorce cases (in which he would collect only if his client wins).

Yes, you can come to a side agreement.

First you must file for divorce though...

And, the judge must sign the order.

This is a great link for you: http://www.kinseylaw.com/freestuff/selfhelp/famlaw/regular/freedivorceforms.html

This walks you through it.

Start by filing FL-170

Look over the link; you will file for dissolution, disclose finances, negotiate an agreement, and have it signed by the judge (if all goes well).

I think you can file for divorce if you want to.

You might owe alimony, but you won't if you agree otherwise.

This is a good petition for dissolution of marriage in California: www.courts.ca.gov/documents/fl100.pdf

Fill that out, and bring it into the county where you were married.

Then, if you negotiate for no alimony, that should be fine.

California is a Community Property state, so you will likely split most of your property (which you will disclose).

Then, have the agreement signed by the judge.

That will make it much simpler.

I'm sorry this happened.

Given your situation, a pro se divorce should be fairly simple.

You are most welcome. Fill that form out...

Send it into the county, and send a copy to your wife/ex.

From there, you can negotiate an agreement after disclosures (because there's not too much, it should be fairly simple).

It will only get hard if she hires an attorney to help her.

Remember, negotiate for no alimony, if you don't want to pay it.

No.

Likely not, but you can always ask. That much is up to the military (it is not required to, unfortunately).

Really, though, you are just filling out and sending in that form, releasing your information, negotiating, and showing up for the judge to stamp the order.

This is the form to fill out: www.courts.ca.gov/documents/fl100.pdf

Correct.

It will get less fun if she disagrees, I'm afraid.

Exactly, sir.

I'll cross my fingers for you; and, hopefully she doesn't retain an attorney.

If either of these things happen, come back and ask for me...

I'll help you out as you encounter any difficulty(ies).

No, only the petitioner needs to be present to sign the order.

...the judge might require otherwise but not usually.

"won't usually"

Have I helped you? If not, do you have any more questions?

What are you cloudy about, my friend?

You cannot get it annulled under these facts.

Remember the only options for annulment, as I spelled out.

...at the beginning

Is there anything more that's unclear?

If she did not have mental capacity to know she was marrying (either by age or for other reasons), that would be grounds for annulment. This is a very specific exception.

That's not sufficient, I'm afraid.

Yes.

Let me walk you through it.

At the top put YOUR information and leave blank the part for "ATTORNEY FOR"

Then, put the information for your county courthouse.

Leave that blank, as you are not an attorney (that only applies if an attorney fills it out)

It means the number provided to you when you pass the bar.

Then, you are the petitioner and she is the respondent.

Then, you request "dissolution of marriage"

You will have to call about the case number (call the county clerk for the county in which you are filing)

Then, the statistical facts and declaration about children should be self-explanatory.

Parts 4 and 5 are more complicated: Separate property is property you alone own (real or personal property).

Community property is property owned by both of you; e.g. that property bought by either of you during marriage.

That's okay. You can list that residence.

File in the county in which you were married; that's the most important thing.

In part 6, petitioner requests dissolution because of irreconcilable differences.

That's fine.

Where it says Superior Court, County of fill in: Santa Barbara

Then, list the information for that court.

For part 7, you might want to request attorney's fees and costs under part e (so, check respondent)

Costs are court costs.

Then, you will sign and fill out the bottom.

Does that help, or is there still confusion?

Correct. Then, the court will stamp it. You will want to send a copy of the stamped form to your ex. I would run it into the court if you can, so you can make copies right there after it's stamped.

You want to serve it to your ex via CERTIFIED MAIL.

That way, if she refuses service, you can prove that you sent it to her.

Is there anything more I can help you with today?

Great! I'm glad I could help you.

Bonuses are always appreciated.

You are most welcome.