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I have been married for 4 months in the state of California…

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I have been married for...
I have been married for 4 months in the state of California and am planning to apply for a divorce. I do not wish this marriage to appear in my records. What would be my best option? I have also seen the reasons for annulment and i do not think Fraud, unstable mind or any other mentioned reasons apply for us. We just hate each other. Please advise
Submitted: 7 months ago.Category: Family Law
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11/27/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. One of the options that you could explore is the option of an annulment. The reason I suggest this is only because it is the only option that shows that you were never married. The only other options are separation or divorce, both of which will show that you were married if someone were to search for your marriage certificate. An annulment will basically is covered by Family Code 2210-2211. The family code says that an annulment is allowed if, "the consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife; either party was of unsound mind; or either party was, at the time of marriage, physically incapable of entering into the marriage state." Otherwise, the marriage will show up.

I'm very sorry. Did you have any other questions for me today that I could help you with?

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Customer reply replied 7 months ago
if on any basis I apply for an annulment then would it be granted if both me and my husband sign the papers and agree with it..or will there be a court hearing? How long does this process usually last?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

There's no waiting period, it just depends on how long the court takes to process the paperwork. Generally, in order to ask for an annulment of your marriage or domestic partnership, you will have to set up a court hearing and appear in front of a judge. You will have to explain to the judge why you believe an annulment is appropriate. Any other questions for me?

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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