QUESTION
Can I get an annulment or should I just get a divorce?
Asked on Jun 30th, 2013 on Divorce - California
More details to this question:
I've been married for 18 years, my husband told me he was divorced, but recently raised questions as to if his divorce was final. I went out without much hassle,
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If his divorce was not final, you could file for annulment, but you would have to check the court file first. There is no monetary difference in the property division, but there would be with the ability to get spousal support.
Answered on Jul 02nd, 2013 at 4:37 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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If you can prove his prior marriage was never ended by a valid judgment, an annulment should be fairly simple. But talk to experienced divorce counsel to determine whether or not in your circumstances an annulment is the preferable course.
Answered on Jul 02nd, 2013 at 12:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You want the rights to property etc. acquired during the marriage, so you do not want an annulment. See an attorney to ensure you get those rights. He may have a pension, retirement, etc. Even if his divorce was not final, you may have rights if you believed you were validly married.
Answered on Jul 02nd, 2013 at 12:29 PM