Legal Question in Family Law in California

in what state can I get an annulment or divorce?

I was married on Jan. 3rd, 2008 in NV, my husband and I are both CA residents. He had substantial past debt I was unaware of, and has fraudulently used my name and social to take out credit cards, and add himself as authorized user to my accounts as well as using them without my permission. We have accumulated a lot of debt on my credit cards since we've been married. My question is, is it better to get an annulment or a divorce in this case? I am currently living in Germany on a US military base, he is in the Army but I am about to move home to Los Angeles. He is in Iraq until June of 2009.


Asked on 5/30/08, 11:10 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: in what state can I get an annulment or divorce?

The groiunds for an annulment consist of fruad before you get married, not after, although the courts construe "fraud" in this situation very broadly. An annulment is immediate, a divorce takes 6 months. An annulment would probably mean that you would be responsible for the debts in your name and your husband for those in his. As the debts are in your name, albeit fraudulently, an annulment alone would not help you here. You would also need a court order requiring your husband to pay you back for all the debts he wronfully incurred in your name.

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Answered on 5/30/08, 2:52 pm


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