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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm actually looking at a anulment in my marriage as well as

Customer Question

I'm actually looking at a anulment in my marriage as well as a civil suit for damages when my now husband molested my 13 year old daughter.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no.
JA: Anything else you want the lawyer to know before I connect you?
Customer: He tricked me into adding him on my home loan in a promise of adding me on the title of his house. After i added him, he refused to add my name to the title.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What exactly are you asking here, i.e. what is your question?

Customer: replied 7 months ago.
I received survivor benefits from my late husband until I got married. Recently my husband molested my daughter . of u file for an annulment will u get my survivor benefits back.
Customer: replied 7 months ago.
Also can I
Customer: replied 7 months ago.

i paid for you to call me at **************

Expert:  Ely replied 7 months ago.

Thank you for your reply.

First of all, the site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. But it shows that whichever expert attempted to take the call - the payment failed. Please contact customer service to resolve this and then an expert would call you.

Second, I see "Also can I," but then it cuts off. I only have the annulment question.

You cannot file for an annulment. Or rather, it would be dismissed. An annulment is only possible when the following is true:

  • Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.

     

  • Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.

     

  • Unsound mind: either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.

     

  • Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.

     

  • Force: either party consented to getting married or filing a domestic partnership as a result of force.

     

  • Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”

Because that is not true, an annulment is not possible even given his actions. However, you can still divorce the spouse. If you divorce the spouse, you may be able to get back SSA survivor benefits back from the first marriage, still.

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