Legal Question in Family Law in California

Do I need to file for an annulment if I was married prior to marrying my second husband? According to what I've read, our marriage is void/nonexistent because I was not legally divorced. We have a child custody case stating that I was already married at the time of the second marriage. Do we still need to get an annulment from a judge and if so, how long does it take?


Asked on 3/18/10, 4:42 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

You should begin the process of divorcing your first marriage. That is the marriage you are no longer interested in keeping. So you should talk to your first spouse and ask if they would agree to an uncontested divorce. It may be possible to work it out so that your second marriage would then be legal.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/31/10, 11:12 am


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