Annulment in Louisiana

[Tisha67]

What is the name of your state (only U.S. law)?

 

[Tisha67]

Annulment

What is the name of your state (only U.S. law)? Louisiana

I have been separated from my husband for some time now. I believe we split in 2013. I would like to file for an annulment, not a divorce. We were married in ascension parish in 2008. I was young and stupid and embarrassed that I only knew him for less than 3 months so of course At this time, I was unaware that he was still legally married to his first wife jill also at the time. In 2004, my ex and his first wife had filed for divorce and went to court and settled everything, divided assets, declared child support amounts, and custody arrangements and were granted a divorce at their last court date, but a final judgment of divorce was never filed by either of their attorneys. The Final judgement wasn't filed until 2011 or 2012 so that his first wife could get married again. I was totally confused when I received this in the mail and that's when I was informed that I would have to file to get married again or something if I wanted to stay married. Well he was husband from hell, abusive, struggling with addiction, in and out of jail and there was no way I wanted to make the same mistake twice. It has taken me years to figure out what I'm suppose to do with this mess. And I'm still not sure.
However, I need to resolve this mess. It is my understanding this situation would justify my grounds for getting an annulment, correct?
Also, we have no assets to divide, no children and all I honestly want is his name off of mine so that I am free to marry again. I honestly have spent the last few years angry and amazed that I was not at fault in any of this mess, yet I am the one who has to pay and gets screwed in this mess. Not a single lawyer has quoted me under $2500 to resolve this situation.
I feel like the ascension parish clerk of courts should have first noticed he was not divorced when we filed to get married and/or either my ex should have known there was never a final judgment filed. However, neither the my ex or the clerk of courts is even affected by this mess and only I have the burden of fixing their mistakes. I am a single mother and barely making ends meet so $2500 is a lot of money. So Please advise me if there is a cheaper route?

 

[eerelations]

I don't understand - who is charging you $2500? And for what? Because your this guy was married to someone else at the time he "married" you, you never actually, legally were married to this guy. So there's nothing to annul, you're single and you always were.

 

[FlyingRon]

$2500 is pretty much a stock price thrown out by lawyers to do anything. And EE, your answer is not quite the case in Lousiana. While a bigamous marriage is void, it really isn't "annulled" until one of the parties actually files for such in court. In the case of bigamy, the approval of the annulment is automatic, however. Once the annulment is obtained, the marriage is then considered ab initio void (it never happened).

To Tisha, you may try consulting other lawyers and make sure you point out that you're going for an annulment of a BIGAMOUS marriage. A lot of people call up and say they want annulments when they really are going to end up needing a proper divorce. A lot of things that worked in the past (or perhaps in other states), like failure to consummate, etc... do not qualify for Lousisna annulment.


You may find some lower cost assistance here: http://louisianalawhelp.org/

You don't technically need a lawyer (though it helps). You just file for annulment with you as the plaintiff and your "husband" as the defendant. Again, if the marriage was bigamous, there's not going to be anything to contest (unless he can show it wasn't).

 

[Zigner]

In LA, you really don't even have to have any judicial action. In this case, the marriage is absolutely null and void. You may, of course, file to have an annulment.

https://legis.la.gov/Legis/Law.aspx?p=y&d=111030
Art. 88. Impediment of existing marriage
A married person may not contract another marriage.

https://legis.la.gov/Legis/Law.aspx?d=111067
Art. 94. Absolutely null marriage
A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.

 

[Tisha67]

Re: annulment

First, Thank you for taking the time and effort to help me find a solution. I honestly appreciate it more than I can express.

So yeah I thought at first just like you too. I was relieved he was actually still married Because I was no longer by law his wife. I thought it meant it was like it never happened. However, it seems that its way more complicated than if I just needed a divorce. It's like I know we aren't legally married, but if you pull my record up at the clerk of courts it shows I am still married. Furthermore, without a document stating we are no longer married, I'm stuck with his last name, too. I have asked the clerk of courts why they can't void it since they have the documents in front of them clearly showing he was still married at the time we got married, but they tell me that they can't remove it without a judges order to do so. When I asked how do I get that they said consult a lawyer.
Second, I definitely appreciate your advice on how I should word it when I talk to the lawyer and I will certainly try that approach. I have talked to at least 6 or so lawyers in the last few years and I have yet to come across a lawyer that did not agree I qualify for an annulment, yet I feel like for some reason it's more expensive than a divorce. But maybe I'm wrong or just frustrated.

 

[Zigner]

First, Thank you for taking the time and effort to help me find a solution. I honestly appreciate it more than I can express.

So yeah I thought at first just like you too. I was relieved he was actually still married Because I was no longer by law his wife. I thought it meant it was like it never happened. However, it seems that its way more complicated than if I just needed a divorce. It's like I know we aren't legally married, but if you pull my record up at the clerk of courts it shows I am still married. Furthermore, without a document stating we are no longer married, I'm stuck with his last name, too. I have asked the clerk of courts why they can't void it since they have the documents in front of them clearly showing he was still married at the time we got married, but they tell me that they can't remove it without a judges order to do so. When I asked how do I get that they said consult a lawyer.
Second, I definitely appreciate your advice on how I should word it when I talk to the lawyer and I will certainly try that approach. I have talked to at least 6 or so lawyers in the last few years and I have yet to come across a lawyer that did not agree I qualify for an annulment, yet I feel like for some reason it's more expensive than a divorce. But maybe I'm wrong or just frustrated.

You never were, by law, his wife. Frankly, I don't think you even qualify for a divorce, since your "marriage" never occurred (read the information I posted.) There is no reason you can't do this yourself...contact the local court and ask if they have any self-help resources.

 

[Tisha67]

Also, I think one of the reasons this is so complicated is because typically in Louisiana annulments are rare here. Since they are much less common than a divorce, everyone is reluctant to tell me anything but consult a lawyer. And no one has been able to advise me of any other options than how I can resolve this for cheaper than $2500.

 

[Tisha67]

I have contacted the court, the free legal aids, the local office for free advice and counseling and they all tell me we aren't married but I can't remarry one day nor remove his name from mine without getting the annulment or judges approval. Well the problem is I want to Is the only option I have now is paying $2500 to a lawyer even though this was not at all my fault or is there a cheaper route?

 

[Zigner]

I have contacted the court, the free legal aids, the local office for free advice and counseling and they all tell me we aren't married but I can't remarry one day nor remove his name from mine without getting the annulment or judges approval. Well the problem is I want to Is the only option I have now is paying $2500 to a lawyer even though this was not at all my fault or is there a cheaper route?

SMH
Do as I said above. Or don't.

ETA: Your urgency now is interesting, since you sat on it for over 3 years.

 

[Tisha67]

RE: interesting

Who said it was urgent to get it done now? I know I never said it was urgent and wasn't important before this point. There is an old saying about those who assume.

I've been off and on trying to find a solution. Also, I am a single mom who fledu a domestic violent situation with a bag of clothes and my car, nothing else. I had to start a whole new life with no family support, no money, no job, moving from one friend to another friends. While I got a job, found a place to live, and in the meantime being a mother.
So for these past few years I have neither had the means to do anything nor known what to do? But I'm sure you knew that like you seem to know everything else.

FYI: Your ability To be so passive agressive, your arrogant manner, your lack of Empathy, while continuously attempting to do a good deed by helping me is INTERESTING TO ME!

 

[Tisha67]

SMH
Do as I said above. Or don't.

ETA: Your urgency now is interesting, since you sat on it for over 3 years.

Who said it was urgent to get it done now? I know I never said it was urgent and wasn't important before this point. There is an old saying about those who assume.

I've been off and on trying to find a solution. Also, I am a single mom who fled a domestic violent situation with a bag of clothes and my car, nothing else. I had to start a whole new life with no family support, no money, no job, moving from one friend to another friends. While I got a job, found a place to live, and in the meantime being a mother.
So for these past few years I have neither had the means to do anything nor known what to do? But I'm sure you knew that like you seem to know everything else.

FYI: Your ability To be so passive agressive, your arrogant manner, your lack of Empathy, while continuously attempting to do a good deed by helping me is INTERESTING TO ME!

 

[Zigner]

I was being generous with my "3 years". You've known since 2011 or 2012. Four to five years is a long, long time. It only matters now because you believe that it's going to be in impediment to your upcoming marriage. Since you were never married, it really won't be even if you don't file for an annulment. Furthermore, you don't need an annulment to get your name changed.

But hey, I'm gonna take my passive aggressive advice and back away from this thread...best of luck to you.

 

[CTU]

Who said it was urgent to get it done now? I know I never said it was urgent and wasn't important before this point. There is an old saying about those who assume.

I've been off and on trying to find a solution. Also, I am a single mom who fledu a domestic violent situation with a bag of clothes and my car, nothing else. I had to start a whole new life with no family support, no money, no job, moving from one friend to another friends. While I got a job, found a place to live, and in the meantime being a mother.
So for these past few years I have neither had the means to do anything nor known what to do? But I'm sure you knew that like you seem to know everything else.

FYI: Your ability To be so passive agressive, your arrogant manner, your lack of Empathy, while continuously attempting to do a good deed by helping me is INTERESTING TO ME!

You're done here.

 

[CTU]

I was being generous with my "3 years". You've known since 2011 or 2012. Four to five years is a long, long time. It only matters now because you believe that it's going to be in impediment to your upcoming marriage. Since you were never married, it really won't be even if you don't file for an annulment. Furthermore, you don't need an annulment to get your name changed.

But hey, I'm gonna take my passive aggressive advice and back away from this thread...best of luck to you.

How dare you be gracious and generous with your time and research?! How dare you?!