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Annulment in california :confused:

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morris2009

Junior Member
What is the name of your state (only U.S. law)? 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.:confused:
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? 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.:confused:
It would be wisest to consult with a local attorney on this matter. Most likely you would not be charged with the crime of bigamy because you made an honest mistake. Since your second marriage is definitely voidable, an annulment might be possible.
 

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