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FamilyLaw-Expert
FamilyLaw-Expert, Lawyer
Category: Family Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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If someone has abandoned 5 years is the marriage considered

Customer Question

If someone has abandoned for over 5 years is the marriage considered a nulled?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyLaw-Expert replied 2 years ago.
Hello, my name is ***** ***** I want to make sure you receive excellent service today. No, the marriage is not annulled after five years of abandonment. Annulment can only occur under a very small set of circumstances, none of which are related to time. Most of them are related to how the marriage was entered into. In short, annulment can occur when the marriage was never valid to begin with. If, however, you entered into the marriage willingly and knowingly, chances are that you need to actually get a divorce if you want the marriage to be over. The good news is that things like alimony can be backdated to the date of separation. As for when an annulment can occur, it can occur if the spouse entered into the marriage through fraud. So, for example, if you never lived with your spouse, or never copulated your marriage, then you could get an annulment. You can also get an annulment if you were forced into the marriage through duress, or if your spouse was married to someone else at the time, or if you were underage, or if you entered into it as a joke. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you. Have a wonderful rest of your day.
Expert:  FamilyLaw-Expert replied 2 years ago.
Hello, my name is ***** ***** I want to make sure you receive excellent service today.
No, the marriage is not annulled after five years of abandonment. Annulment can only occur under a very small set of circumstances, none of which are related to time. Most of them are related to how the marriage was entered into. In short, annulment can occur when the marriage was never valid to begin with. If, however, you entered into the marriage willingly and knowingly, chances are that you need to actually get a divorce if you want the marriage to be over. The good news is that things like alimony can be backdated to the date of separation.
As for when an annulment can occur, it can occur if the spouse entered into the marriage through fraud. So, for example, if you never lived with your spouse, or never copulated your marriage, then you could get an annulment. You can also get an annulment if you were forced into the marriage through duress, or if your spouse was married to someone else at the time, or if you were underage, or if you entered into it as a joke.
Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.
Have a wonderful rest of your day.