Legal Question in Family Law in California

Re: Do I Need A Divorce?

Of course you need a divorce if you were legally married. Otherwise you will be guilty of bigomy and any subsequent marriage may be void. File for dissolution, obtain a default judgment (if you cannot find your spouse).

Re: Do I Need A Divorce?

You will be able to obtain an annulment (having a proper basis for seeking one, i.e., lack of consumation of the marriage.) or go through a dissolution of marriage. In any case, you will need to disolve the first marriage before entering into a new marriage. The first question is whether or not you have any information as to whereabout of the other party and if you can get in touch with her. If you can obtain her agreements the process will be easier. However, you will not be able to obtain a divorce earlier than six months from the time she was served with the divorce documents. If you need more info you may contact my office at 310-839-7700. Nina N. Gohari, Esq.

Re: Do I Need A Divorce?

Under Family Code section 2210 subsection (a) you may be able to obtain an annullment of the marriage. However, in the same papers you should ask for a dissolution in the alternative.

You will also need to know where she is in order to serve her. If you don't know where she is, you must do everything you can to find her (and document precisely everything you have done to find her)

If you reside in Santa Clara County, I can provide you a free one-half hour consultation to discuss this issue further with more privacy.