Legal Question in Family Law in California
Annullment with a Child
My brother ''married'' a gal and they had a child together only to find out that she was married to someone else. He needs to get an annullment, rather than a divorce because she owes for back child support and CA has been attaching my brothers tax returns. The monies will be returned once an annullment is granted. Their relationship is over. Child custody is being handled in an Tribal Court but Tribal Court is stating that he must get a divorce. How can an agency demand that someone get a divorce when they are not legally married???
My brother is not working and cannot afford an attorney to represent him. He needs to know what paperwork needs to be done and what his options are.
He lives in DelNorte County.
Please help!
Thank you!
1 Answer from Attorneys
Re: Annullment with a Child
An annulment is filed with the same paperwork as a divorce. You just check a different box on the petition. To complete the process, he needs to set a court hearing and present a certified copy of the marriage certificate for the wife's prior marriage, to prove her bigamy. Beyond that, he needs to keep his finances separate now.
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