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Im leaving the country soon, I want to file for an annulment.

I'm leaving the country soon...
I'm leaving the country soon, I want to file for an annulment. Should I do that before or after I leave?
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Answered in 3 minutes by:
3/28/2013
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
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Hello!
What is your basis for wanting to file the annulment?
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Customer reply replied 4 years ago
He cheated on me and we are just going in different directions. It's also starting to affect our daughter.
Thank you. Marriages in CA can only be annuled if they were invalid to begin with or if they meet one of the few reasons to make them void od voidable.
Marriages in California are never valid if they involve:
Incest: Marriage is illegal between any full or half blood relatives, including parents and children, aunts and nephews, uncles and nieces, brothers and sisters, etc.
• Bigamy: Marriage is illegal between two people if one of them has a living domestic partner at the time unless the previous marriage was annulled or dissolved prior to the current marriage.
Marriages can be considered “void” or “voidable” in California if:
• The marriage was of force, or fraud, or one of the spouses suffered from a physical or mental incapacity.
• One of the spouses was under the age of 18 and failed to receive proper parental consent.
• One of the spouses was already married or in a domestic partnership.
Cheating after marriage would not be a reason to qualify for an annulment. You would have to go through the divorce process. If you file for divorce before you leave the country and you plan to take your daughter with you, you may run into trouble. Both parents have to sign off on Passport forms unless your daughter already has one. If you file for divorce, the court may order you not to take your daughter out of the country. In any case, you are going to need to be in the country for the legal proceding, to file paperwork, and everything in between. Thus, I would not file anything until I returned. If you have any more quesitons, please just let me know. If not, would you kindly leave me a positive service rating at this time? It will cost you nothing further to do but ensures that the site will compensate me. Thanks so much!
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Customer reply replied 4 years ago
We were married in Nevada. Is there any way I could get an annulment there? He already gave me sole custody of Anne.
How long have you been married?
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Customer reply replied 4 years ago
A little over two years
Honestly, that is going to be very tough. You can try, but in a situation like yours, divorce is the proper procedure. As far as if you can apply for annulment in NV, the answer is yes. NRS 125.360  states that annulment of marriages contracted, performed or entered into within the State of Nevada may be obtained by complaint, under oath, to any district court of the State of Nevada for any cause provided by law for annulment of marriage. With regard to the causes for annulment, they are the same as CA, but the statutes do have sort of a "catch-all" provision for grounds for annulment, which says: "NRS 125.350 A marriage may be annulled for any cause which is a ground for annulling or declaring void a contract in a court of equity." So you'd have a better chance in NV than CA, but it is still a long shot and will ultimately be up to a judge.
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Customer reply replied 4 years ago
Would a no fault divorce be okay in a situation like this one?
Yes. As long as your ex is willing to get a divorce, then a simplified, no_fault divorce is the best way to go. And it will probably save you time too since I doubt the annulment will be granted if you apply for one. You can do the whole thing yourself as CA is a great self-hlep state and has all the forms and instructions available for you. This is where you'd start: http://www.courts.ca.gov/1033.htm.
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Customer reply replied 4 years ago
Thank you for your hard work. Have a good day.
You're welcome! Please don't forget to rate my service today before you leave so that the site will compensate me for my time spent helping you. It costs you nothing further to do. Thanks again! :)
LADY LAWYER
LADY LAWYER, Family Law Attorney
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