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I was married and am currently going through a divorce. my…

Customer Question
I was married and...

I was married and am currently going through a divorce. my marriage certificate shows the wrong date from the form we signed for the license to the actual certificate they issued. Can I use this to void the marriage instead of getting a divorce?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I was married in Canada but we have lived in California ever since 1999.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I just realized it when I was going through the paper work he sent demanding additional money for alimony

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If I can void the marriage will it stop all of his financial demands?

Submitted: 2 months ago.Category: Family Law
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Answered in 2 minutes by:
2/7/2018
Family Lawyer: LegalGems, Lawyer replied 2 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 2 months ago

I'm sorry to hear you are having to deal with this.
CA law only allows for annulment in very specific and limited situations; for a comprehensive list please see:

http://www.courts.ca.gov/1037.htm

The family code sets this out; please see:

2210.

A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:

(a) The party who commences the proceeding or on whose behalf the proceeding is commenced was without the capability of consenting to the marriage as provided in Section 301 or 302, unless, after attaining the age of consent, the party for any time freely cohabited with the other as his or her spouse.

(b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.

(c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as his or her spouse.

(d) 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 his or her spouse.

(e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as his or her spouse.

(f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.

So a "scrivener's error" (or a clerical error, a typo, etc) does not serve to justify an annulment.

CA does expect both spouses to become self supporting as soon as possible so they are one of the more progressive states in that regard and do not guarantee spousal support.

For information on spousal support please see:

http://www.courts.ca.gov/1038.htm

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Family Lawyer: LegalGems, Lawyer replied 2 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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