Hayward, CA asked in Divorce and Family Law for California

Q: Married Less Than 3 Months...Divorce or Annulment?

I had applied for Confidential Marriage License applied at the Santa Clara County, CA back in Feb 2020. I have yet been back to purchase the Marriage Certificate. Since married, we do not share bank accounts, money, or have purchased any tangible assets. She and her young 18 months child does reside with me, and my retired parents, and sister in the same house since November of 2019. Unfortunately, things are not working out for us, and I want out.

What are my best legal actions, divorce or an annulment? Any other advice?

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1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Redding, CA
  • Licensed in California

A: To obtain a nullity in California depends on meeting certain criteria, most of which have to do with issues that occurred or where present prior to the marriage. It does not appear from your question that the necessary elements exist to have the marriage nullified and you would be better off filing a divorce.

However, I am just going off your short blurb and there might be other factors that would justify a nullity. Therefore do not treat this is a legal advice as there is too much unknown about your situation.

Your best course is to pay for a short consultation with an experienced family law attorney that can explore with you all the options and give you competent legal advice.

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