Legal Question in Family Law in California
I was married in Feb of 08. Two weeks afterwards, while trying to plan how we could afford to move in together, he admitted he married me because he needed to to stay and not go back to Mexico. Also that he was dating a younger girl and her parents did not allow her to marry him. He apologized for hurting and using me and agreed to an annulment. He disappeared. Over the years, all I have known from asking and trying to find him is that he left to Mexico (ensenada). The marriage was never consummated and I want to be free of this dilema once and for all.
2 Answers from Attorneys
So file for an annulment. You don't necessarily need to find him to complete that process. All you will have to do is show appropriate efforts to track him down.
You are probably wasting your time filing for an annulment. The fact that the marriage was not consummated is of no relevance unless he was physically unable to consummate, not unwilling or left the country after he used you as a scam.
You should file a petition for dissolution of marriage. Your big problem is going to be finding him to have him served. If you cannot have him served personally, you will have to obtain a court order to allow you to serve by publication.
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