Legal Question in Family Law in California
Is a marriage null and void if one party deserts the other? For example: A woman must sign a Statement of Identity in order to sign over a deed, but in the Statement of Identity, it happens that she must put that she is married although her "husband' has been estranged for 25 years now. Is it valid to say that this marriage is void? What steps must she take in order to get around it?
2 Answers from Attorneys
The simple answer to your question is, "No, it is not void." If the marriage was never consumated, or was void for some other reason at the time of the marriage, then you must get it annulled. If it was valid when it happened, you still have to get a divorce even 25 years after he left. There is no way around that.
The marriage is not null or void. The passage of time does not end the marriage. She will have to file a petition for dissolution of marriage and serve him. If she knows where he lives that should not be a problem. If his whereabouts are unknown she will have to get an order to serve by publication. To get to best answer to this question she should consult with an attorney.
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