Legal Question in Family Law in California

Annulment advice

I'm 19 and got married 2 months ago. I now want to end it b'c he was extremely verbally abusive? Is this grounds for annulment? Also he a foreigner so there are some concerns that this marriage was to obtain legal residential status?


Asked on 5/27/02, 5:24 am

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Annulment advice

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD (California's unemployment agency) hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Short duration, in and of itself, is not grounds for an annulment. There needs to be fraud, duress, or another statutorily defined basis. Marriage to obtain legal residence status may be fraud, but claiming same opens a whole bunch of immigration issues that YOU may not want to deal with. See a lawyer before doing anything.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/27/02, 4:05 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Annulment advice

You cannot annul unless marriage is a sham. If he entered into marriage for the sole reason of establishing residence, the marriage is a sham. However, if you make this allegation you could run into an investigation from the INS who may be interested in providing you an all expenses paid membership in Club Fed; better start carrying a toothbrush--you don't know who or what has previously used the free toothbrushes provided at Club Fed. You will also want to buy several packs of cigarrettes and give them to a friend to mail to you after you begin your stay at Club Fed; I hear cigarretes are like money at Club Fed. The alternative is to just separate from the jerk and wait a year or two then just get a summary divorce.

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Answered on 5/27/02, 5:46 am
Michael Burt Diamond, Burt, & Akhkashian

Re: Annulment advice

An annulment is not very easy to obtain, there are only a small number of legal reasons to get an annulment, and only being married a short period of time is not a valid reason. However, as long as you meet other requirements, you may be able to get a summary dissolution of the marriage. This type of dissolution is easy and you usually do not even have to go to court. Give me a call if you would like to discuss your options and the requirements for a summary dissolution. I would be happy to discuss the matter with you.

Michael Burt

(213)384-2220

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Answered on 5/28/02, 11:00 am


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