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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My marriage was officially final August of 2009; however I'm

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My marriage was officially final August of 2009; however I'm seeking to get it "void" or "annulled" I'm still troubled having been "divorced" & it was something I rushed into it getting married within 3 months of meeting the person & with out knowing or understanding the nature of marriage and its accompanying obligations and responsibilities. I entered the marriage without knowing all the debt and financial responsibility's & collections he had. It immediately became my debt which I quickly paid off as to not have my own credit damaged. Something that still haunts me, I've been told by creditors to get this marriage null or void. What can I do?
Submitted: 6 months ago.
Category: Family Law
Expert:  ANDREA, replied 6 months ago.
Hi, and welcome to JustAnswer, My name is ***** ***** I am an Attorney. I will be glad to Answer your question and the only thing I ask of you is that you leave a positive rating. This will not cost you anything additional, and it is the only way that JustAnswer will give me credit for assisting you. Q. Are both you and your husband residents of California ?
Customer: replied 6 months ago.
Thank YOU! I will leave a positive rating!
Yes - we were. not sure where he lives now, but I would be surprised if he moved away from California.
Expert:  ANDREA, replied 6 months ago.
ANSWER – In California, the process of obtaining an annulment is very similar to getting a divorce. The California court system has detailed, step-by-step instructions for how to request an annulment and if you have any questions on how to fill out the forms, they have very helpful personnel who are there to assist those individuals who are filing without a lawyer. The following documents must be filled out and filed with the Court in the County of your residence:Petition — Marriage/Domestic Partnership (Form FL-100). On this form, you give the court some basic information about your marriage or domestic partnership and the grounds for your annulment request, and you ask for the orders you want the court to make.You can find form FL-100 here - http://www.courts.ca.gov/documents/fl100.pdf Summons (Family Law) (Form FL-110 | video instructions Video Icon). This form contains important information for you and for your spouse about the court process. It also contains some standard restraining orders limiting what you can do with your property, money, and other assets or debts, as well as moving out of state with your children, if you have any, from your marriage. FL-110 – Here - http://www.courts.ca.gov/documents/fl110.pdfYou can use the Declaration (Form MC-030) and Attached Declaration (Form MC-031) to write your declaration. Keep in mind you are signing your declaration under penalty of perjury.MC-030 – http://www.courts.ca.gov/documents/mc030.pdfMC-031- http://www.courts.ca.gov/documents/mc031.pdfYou have to clearly explain to the court what the legal reason is for asking for an annulment. I hope that the above forms will be helpful in getting you started in the annulment of the marriage. I cannot list all the forms that you will need because they will depend on the results you receive after serving and filing the above. But the Court personnel are very knowledgeable and are there to help those who are filing on their own without a lawyer. Please be kind enough to leave a positive rating for my assistance. You have already placed a deposit, so leaving a positive rating will not cost you anything additional, but without it JustAnswer will not give me credit for assisting you, Thank you for understanding Bonus is not required, but is greatly appreciated, Kind regards, ANDREA
Customer: replied 6 months ago.
Thank you for the quick response. I'm already officially divorced via form FL-180 per the assistance of the legal firm I used in 2009, they checked the box "Dissolution", do I refile now using the form FL-100? If so, it asks for LEGAL RELATIONSHIP and none apply since we are officially divorced.
(check all that apply):
a. We are married.
b. We are domestic partners and our domestic partnership was established in California.
c. We are domestic partners and our domestic partnership was NOT established in California.
Expert:  ANDREA, replied 6 months ago.
If none of the categories fit your present relationship, you will have to go in person and explain your situation and also give the reasons that you want an annulment, even though the marriage was officially dissolved through a Divorce Decree. You might be able to convince them to grant you an annulment if any of the following grounds for annulment exist and if you are not barred by the Statute of Limitations.Sorry for the delay, but I had to thoroughly research your particular situation,i.e., where a divorce had already dissolved the marriage. In California, an annulment can only be granted if one of the following grounds exists,1. You were under the age of 18;2. The marriage was bigamous (One of the parties was already married); 3. The grounds that you or your spouse was of unsound mind;4. Your consent to the marriage was induced by fraud;5. You entered the marriage because someone forced you to consent6. Physical incapacityIn addition, annulments have a deadline. In general, once the statute of limitations “runs out,” you can no longer file for an annulment. The period of time within which a spouse can file for an annulment depends on the grounds for the annulment and they are as follows, 1. If a person entered the marriage before reaching the age of 18, then they must file for an annulment within 4 years after reaching 18.2. If there was a prior, existing marriage, then an annulment can be filed by either party as long as both parties to the current marriage are alive. 3. If one party is seeking an annulment on the grounds that their spouse is of unsound mind, it must be obtained while one of the parties is still alive.4. Fraud – If the grounds for annulment is fraud, the action for annulment must be commenced within 4 years of discovering the fraud. 5. An annulment on grounds that the party was forced to consent to the marriage must be filed within 4 years of the date of the marriage.6. Physical incapacity: If the annulment is based on the grounds that the other party was physically incapacitated, the action must be commenced within 4 years of entering the marriage. If none of these grounds exists, the Court would not be able to grant an annulment. Please be kind enough to leave a positive rating for my assistance. You have already placed a deposit, so leaving a positive rating will not cost you anything additional, but without it JustAnswer will not give me credit for assisting you, Thank you for understanding Bonus is not required, but is greatly appreciated, Kind regards, ANDREA

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