Legal Question in Family Law in California
Family Law - Marriage Annulment
I filed a petition for annulment of my marriage because my husband was already married when we got married, but it was not filed as a bigamous marriage annulment petition, it was filed as a prior existing marriage petition. I am trying to withdraw the annulment petition because my husband is undocumented and I found out that this could come back to haunt him if he ever tries to apply for legal residency. I want to just seek a dissolution of marriage. My lawyer is proposing that I do not withdraw the annulment petition but instead have my husband seek a divorce in response to our petition, to which I would agree, and we would be divorced in the end. My question is: is it better to do what my lawyer suggests and have my husband petition for
divorce, to which I would agree, or should I withdraw the annulment petition altogether and initiate a separate petition for divorce? I want to do what will have less repercussions against my husband later on for immigration purposes.
1 Answer from Attorneys
Re: Family Law - Marriage Annulment
Do what your lawyer suggests, just let it go forward as a dissolution. What your marriage really is a nullity and I don't see why that would hurt him for future immigration as I have seen that scenario many times and have never heard of the "bigamous" marriage is leading to a finding of bad moral character or the like.
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.
