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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16188
Experience:  Licensed Texas General Practice Attorney
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I divorced my husband a couple weeks ago and now Want to have

Customer Question

I divorced my husband a couple weeks ago and now Want to have my divorce decree Annulled.. is in California..do they allow for that here?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. It's possible that a divorce could be "set aside" in certain instances. What is the reason that you would want to do this?
Expert:  ScottyMacEsq replied 1 year ago.
Did you see my follow up question to your issue?
Customer: replied 1 year ago.
I had filed for an Annulment with divorce as the alternative... the judge declined The annulment but the divorce! I would have rather stayed married to my husband Rather than a divorce and we want to be together again as husband and wife but don't want to have another marriage for each of us and we want to maintain our length of marriage Time!
Expert:  ScottyMacEsq replied 1 year ago.
Okay. Forgive me for asking (it is relevant, because in some situations a mistake can be a basis to set aside a decree), why did you file for divorce as the alternative in the first place? Did your husband agree or sign the petition as well? Was it filed at least 6 months prior to being granted?
Customer: replied 1 year ago.
I'm sorry I took so long getting back..was at work all day. When My husband and I got married Feb 10, 2013, circumstances were such that we could not live together right away..problem is that it continued on for 2 1/2 years and I got frustrated over being separated for so long. I filed for annulment, thinking we could get remarried when the timing was better, but the divorce advisor recommended amending the petition to divorce in the alternative, in the event the annulment was denied I would not have to refile the petition.I never wanted a divorce from my husband and felt put on the spot when the judge denied the annulment. I did not know what my options were at that point and thought I was forced to accept the divorce. My husband says we can live together now, but we are divorced. I desperately want my marriage status returned.. We want to keep our original marriage status, anniversary date, etc...The petition was filed more than six months from being granted...My husband never signed anything...he just never filed a response, so it went uncontested!
Expert:  ScottyMacEsq replied 1 year ago.
The first thing that I would do if I were you, I would talk to your court's family law facilitator. I know that it's probably this same group that advised you to putting the divorce as the alternative, but if anything could be done to reverse and set aside the judgment, they would have the process and forms. A judgment can be "set aside" (basically means that it's as though it were not entered in the first place) for specific reasons. One of those reasons is "mistake". Now ultimately it means a mistake of fact, not a mistake of law. That is, not understanding the effect of a certain pleading is likely a mistake of law, and probably would not be successful. It can't hurt to file such a motion to set aside, but note that there's a good chance that it would not be granted. Such a motion would look like this: http://www.courts.ca.gov/partners/documents/blankn.o.m.6months.pdf It would be more persuasive if you both sign onto the motion to set aside. But this is not something that is granted by right. It's still up to the judge's discretion whether or not to grant it. If the judge does not grant it, I'm afraid the only recourse would be to get married again. Like I said, it's certainly worth trying, because you can catch the judge on a good day, or have a compelling argument that sways the judge. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?