Legal Question in Family Law in California
Divorce vs.Anullment
My wife of 2 years told me she is gay, I have provided most of the monetary support in the relationship of which I would request reimbursement. We are also in the process of a litigation for a car accident, money from that litigation needs to go to myself and my father who paid for the repair of the car and a rental car. To complicate matters further, my wife is a Permanent Resident who I sponsored. My question is should I seek and anullment or divorce, what steps do I follow to ensure that I recieve what is owed to me, how do I make sure that I am not financially obligated from this point forward? Also, will she be deported if I get an anullment or divorce (which I do not want to happen)? I am a poor man, what will this end of costing?
2 Answers from Attorneys
Re: Divorce vs.Anullment
You will need to file for divorce. California is a community property state. It would be extremely hard to get a court to order she reimburse you for the two years you supported her for. Since you were legally married for two years assets acquired during the marriage are community property and will be divided up equally between you. The settlement money from the accident may be her seperate property but if your father can provide receipts for the repair of the vehicle he can get reimbursed as it is a debt. You do have a tricky situation with the settlement money, but I can't really give you a clear answer unless I know who owned the car, when it was purchased, and who it was purchased for. You should definately hire an attorney immediately so that the settlement money isn't spent by your wife before a court can decide who get's what. I handle cases throughout California, with offices in the Bay Area, Fresno and LA. Since you have no children it makes it a lot easier and cheaper. The cost depends on where you are and how much she fights for money. If you still need a lawyer feel free to email me. Depending on your situation I may be able to work out a payment plan with you and I may be able to get the filing fee waived by the court if your income is within the guidelines.
John Hayes
Re: Divorce vs.Anullment
Anullment may not be a viable option. The INS probably will not deport her. You would be well served by obtaining representation. The dissolution of marriage with no children and limited property should not be too expensive (under $ 900.00). Please call me directly at (619) 222-3504.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
