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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Divorce vs. Annulment

    My question involves divorce in the State of: california
    How long annulment to take effective from the date filing the petition?
    And how long can one remarry after annulment petition is file?
    Thanks.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Divorce Vs Annulment

    I could not find any statute that gives a specified waiting period.
    When papers are filed with the clerk they should set the court date so the judge can hear the case.
    Are you sure you even qualify? It is not something you can just ask for...


    2250. (a) A proceeding based on void or voidable marriage is
    commenced by filing a petition entitled "In re the marriage of ____
    and ____" which shall state that it is a petition for a judgment of
    nullity of the marriage.
    (b) A copy of the petition together with a copy of a summons in
    form and content approved by the Judicial Council shall be served
    upon the other party to the marriage in the same manner as service of
    papers in civil actions generally.



    2251. (a) If a determination is made that a marriage is void or
    voidable and the court finds that either party or both parties
    believed in good faith that the marriage was valid, the court shall:

    (1) Declare the party or parties to have the status of a putative
    spouse.
    (2) If the division of property is in issue, divide, in accordance
    with Division 7 (commencing with Section 2500), that property
    acquired during the union which would have been community property or
    quasi-community property if the union had not been void or voidable.
    This property is known as "quasi-marital property".
    (b) If the court expressly reserves jurisdiction, it may make the
    property division at a time after the judgment.




    2252. The property divided pursuant to Section 2251 is liable for
    debts of the parties to the same extent as if the property had been
    community property or quasi-community property.



    2253. In a proceeding under this part, custody of the children
    shall be determined according to Division 8 (commencing with Section
    3000).


    2254. The court may, during the pendency of a proceeding for
    nullity of marriage or upon judgment of nullity of marriage, order a
    party to pay for the support of the other party in the same manner as
    if the marriage had not been void or voidable if the party for whose
    benefit the order is made is found to be a putative spouse.




    2255. The court may grant attorney's fees and costs in accordance
    with Chapter 3.5 (commencing with Section 2030) of Part 1 in
    proceedings to have the marriage adjudged void and in those
    proceedings based upon voidable marriage in which the party applying
    for attorney's fees and costs is found to be innocent of fraud or
    wrongdoing in inducing or entering into the marriage, and free from
    knowledge of the then existence of any prior marriage or other
    impediment to the contracting of the marriage for which a judgment of
    nullity is sought.

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