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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Seeking Annulment in California- Eligibility

    My question involves divorce in the State of: California

    First of all i will like to thank all the forum members to make this a very resourceful place.

    Below mentioned is my situation and i will appreciate any legal suggestions.

    I am a US citizen. I went to India and married my 3 year old boyfriend(Indian National) in Nov, 2008. Unfortunately he got into a major accident and was advised bed rest by the doctor for good 6 months. Things started falling apart and we filed for a divorce in Jan 09. I came back to United States in March 09, with the divorce being in the waiting period of 6 months after all the divorce documents had been file. Everything was mutual and both the parties agreed without any objection.
    Upon returning i fell in love with another person, who was out of status and had come from India as a pilot trainee. I would not want to call it fully love but more like a thought of being in love. I was not in my right mind while being in this new relationship as i had been very much been affected by the divorce from my husband. Not being in the right state of mind and trying to make use of my situation when i needed emotional support from someone, this new boyfriend of mine ended up pressurizing me to marry him. I was talked into doing a court marriage in the month of July 09 (Thinking that my previous marriage was dissolved, and me granted a divorce after the six month process in India). After marriage he started pressurizing me to do his USICIS paper work. Soon i realized what i had done. I had married someone who had talked me into doing this without giving me time to think about it and did not even want me to disclose the court marriage to my parents. All this for the greed of getting a green card.

    I had done all this thinking that since 6 months were over from the day i had filed for the Divorce in India, i was a divorcee and could go and get married any day after the 6 month period. But, things turned out quite unexpectedly.
    I got a call from ex husband whom i had married in India that he needed my signature on the divorce certificate from India before the divorce could be into effect.

    Since realizing what i had done, i have started talking back to my ex husband whom i married in India. Since the divorce between me and him is not final yet because of the missing signatures, i want to pursue an annulment case against my second husband.

    I have a couple of questions i will like to have answered. I will appreciate the forum members help on this.

    1. Am i qualified for an Annulment of my second marriage in California. Or will i need to file a divorce?

    2. Can i be charged for Bigamy? I was never under the impression that i was married to two people at the same time. But things turned out to be the case as my divorce was not finalized with my missing signature on the document.



    I appreciate your patience in going over this and helping me with suggestions.

    Thank you.

  2. #2
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Seeking Annulment in California- Eligibility

    Will appreciate any legal response. thank you.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Seeking Annulment in California- Eligibility

    2210. A marriage is voidable and may be adjudged a nullity if any
    of the following conditions existed at the time of the marriage:

    (a) The party who commences the proceeding or on whose behalf the
    proceeding is commenced was without the capability of consenting to
    the marriage as provided in Section 301 or 302, unless, after
    attaining the age of consent, the party for any time freely cohabited
    with the other as husband and wife.
    (b) The husband or wife of either party was living and the
    marriage with that husband or wife was then in force and that husband
    or wife (1) was absent and not known to the party commencing the
    proceeding to be living for a period of five successive years
    immediately preceding the subsequent marriage for which the judgment
    of nullity is sought or (2) was generally reputed or believed by the
    party commencing the proceeding to be dead at the time the subsequent
    marriage was contracted.
    (c) Either party was of unsound mind, unless the party of unsound
    mind, after coming to reason, freely cohabited with the other as
    husband and wife.
    (d) The consent of either party was obtained by fraud, unless the
    party whose consent was obtained by fraud afterwards, with full
    knowledge of the facts constituting the fraud, freely cohabited with
    the other as husband or wife.
    (e) The consent of either party was obtained by force, unless the
    party whose consent was obtained by force afterwards freely cohabited
    with the other as husband or wife.
    (f) Either party was, at the time of marriage, physically
    incapable of entering into the marriage state, and that incapacity
    continues, and appears to be incurable.

    301. An unmarried male of the age of 18 years or older, and an
    unmarried female of the age of 18 years or older
    , and not otherwise
    disqualified, are capable of consenting to and consummating marriage.

    It appears to me that you did NOT meet the legal requirements to be married to your second husband.
    None of the personal information you revealed really matters. I do not suggest you bring up anything in your nullity request, other than the fact that you thought your divorce was final but it is not.

    this is the form you need to have served on your 2nd 'spouse'
    http://www.courtinfo.ca.gov/forms/documents/fl100.pdf

    Go to your County's nearest Family Law Facilitator's office for help filling out the form and having it served.

    As far as the bigamy charges go - your 2nd husband would have to convince the local district attorney that you knew your 1st divorce was not final and that you were trying to pull something shady by marrying him. Pretty unlikely if you gave us the whole truth.

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