Legal Question in Family Law in California

Since I didn't realize that my husband was not legally divorced until after we were married. I now know we are not legally married. This all happened in April 2004. We have no children. We have been separated for 2 years and not living in the same household. We were going to file for divorce but since we are not legally married, what do we need to do from a court/legal standpoint? We live in CA but were married in Las Vegas, NV. Since there is paperwork on file in LV, that says we are married, we need to do something. I would prefer we received an annulment vs. a divorce (which sound correct, since we were not legally married). Neither one of us did this on purpose, we were told by his ex-wife that it was final a week or 2 before it actually was. Is it a matter of completing a form with the Court and if so, which one?

Thank you for your time, Cynthia


Asked on 7/08/10, 5:41 pm

2 Answers from Attorneys

The paperwork and process is pretty much the same for annulment and divorce. You even use the same form and just check different boxes for the basic petition. The differences are in the rights and responsibilities, and the fact that you aren't subject to the six-months "cooling off period." You should consult with a local Family Law attorney regarding how the situation affects your rights regarding property and spousal support.

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Answered on 7/08/10, 8:54 pm
Anthony Roach Law Office of Anthony A. Roach

You use the same paperwork for a divorce, you just check the boxes for nullity of marriage. Under grounds, you check the box next to "prior existing marriage" on page two.

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Answered on 7/13/10, 4:25 pm


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