Legal Question in Family Law in California
I've been married for just over 3 months and have never lived with my spouse, we do not own property together, we do not have children, we don't share bank accounts or any forms or credit. At the time I agreed to marry him, he promised that we would soon be living under one roof as a married couple. In marrying him, I also gave up my alimony from my ex-husband. Turns out I was tricked, he never had the finances to ensure we moved into one home to live as a married couple and he has since gained in that he now has medical and dental benefits for his family through me. I want a divorce, but he is saying no. I offered the option of a 'Dissolution of Marriage' instead of an annulment so that we can avoid pleading a case (my grounds would be fraud) where things would get 'ugly'. He still says no. I have no money to fight this, I just want out of this sham of a marriage. What can I do? Do I have any rights? (please don't include my e-mail address below if you are answering on the site for privacy reasons) thanks so much,
1 Answer from Attorneys
You should consult with a local attorney because anullments are complex, and you are correct they must be plead and argued. On the otherhand, anybody can file for a divorce. You should determine what avenue would best suit your purposes. For short term marriages you may be able to do what is called a summary dissolution, but there are requirements that must be met before you can file for that.
or 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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