Legal Question in Family Law in California
I'm currently pregnant at 33 weeks. My husband and I have been married since February of this year and in August he decided he was single again and wanted an annulment. But to my understanding, in CA you can't get an annulment if I'm pregnant, now we need a divorce. Since the "separation" we haven't been living together and he doesn't help me with the pregnancy nor goes to the appointments nor asks about the pregnancy/baby. He doesn't help me financially because he sadi I'm not his responsibility anymore even though we are still legally married. Also, we are both 20 yrs old and he has been out drinking alcohol and getting at other females. He's put me through too much emotional distress and I can't take it anymore. I don't want him to have any type of custody of my baby and I want a divorce. What can I do and what else can I get?
2 Answers from Attorneys
You are correct that there is no way to get an annulment now, unless one of you was married to someone else when you two got married. Without knowing anything about your finances I can't say if you would get spousal support once you file for divorce. You definitely can get child support, but not until the child is born. There really is nothing else I can tell you, because what you can get in a divorce, immediately and long term, depends on too many factors and too much information to go into in an internet question. You need to find a local family law attorney to help you.
Being pregnant does not stop an annulment. Annulments are governed by statute in California, and are granted for bigamy, incest, getting married while underage, being of unsound mind at the time of marriage, getting married by force, and fraud. Fraud involves lying about the ability to procreate.
Based on the facts that you have provided, I can only tell you that it sounds as though you do not have to worry about the fraud issue or getting married while underage.
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