Legal Question in Family Law in California
divorce vs. annulment
I filed for divorce on 1-10-01 and I found out my
husband of 9 months is gay. I want to get an
annulment is it too late to get it annule
Asked on 3/12/01, 3:39 pm
1 Answer from Attorneys
Matthew Kremer
Law Offices of Matthew M. Kremer
Re: divorce vs. annulment
If your husband has not filed his response, you can file an amended petition and amended summons asking for a nullity and for a divorce (in the alternative). If he has filed a response, he will either have to stipulate to you filing the amended petition or you will have to file a motion with the court asking for permission.
His being gay does not necessarily mean you will be granted a nullity, although it is a fairly strong basis.
Answered on 5/22/01, 3:52 pm