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.

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Answered on 5/22/01, 3:52 pm


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