Legal Question in Family Law in California
I am getting a divorce and it is in it final proceedings, but I found out that I have grounds for an annulment. Can I ammend the divorce to an annulment if I have already filed for a divorce? If I can does that mean my divorce get canceled? If the divorce gets canceled and my annulment does not get approved, do I have to start over with the divorce paper work again?
1 Answer from Attorneys
You can amend your petition for a an annulment and in the alternative a dissolution. Simply fill out the petition as you had previously and mark the box for "Dissolution of Marriage" and for "Nullity of Marriage". Mark the box "Amended" and above that type in "In The Alternative". On the back of the petition type "In The Alternative" after "Plaintiff Requests" and mark the appropriate boxes for dissolution and annulment. At judgment if the court denys your request for an annulment he can grant the request for dissolution. Good Luck, Pat McCrary
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