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  #1  
Old 08-10-2009, 04:03 AM
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Can i divorce in the state i wasn't married?


What is the name of your state (only U.S. law)?CA---Last year I made the mistake of my life and moved and married a man in Florida. It only lasted for 3 months. Florida doesn't have annulments! Therefore, I have to get a full fledge Divorce. Problem, I was never a resident of Florida so I can't petition for the Divorce. He went to Prison 10 days after I left him and Florida. So, I have had, nor do I want any contact with him. My question is can I Divorce him from here where I live in CALIFORNIA?
  #2  
Old 08-10-2009, 06:35 AM
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Originally Posted by MsJackson View Post
What is the name of your state (only U.S. law)?CA---Last year I made the mistake of my life and moved and married a man in Florida. It only lasted for 3 months. Florida doesn't have annulments! Therefore, I have to get a full fledge Divorce. Problem, I was never a resident of Florida so I can't petition for the Divorce. He went to Prison 10 days after I left him and Florida. So, I have had, nor do I want any contact with him. My question is can I Divorce him from here where I live in CALIFORNIA?
Yes you can divorce him in CA, but you are going to have to be back in CA for at least three months...and maybe six. You could also try for an annulment in CA, but divorces are usually quicker, easier and less expensive.
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  #3  
Old 08-10-2009, 08:13 AM
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Originally Posted by LdiJ View Post
Yes you can divorce him in CA, but you are going to have to be back in CA for at least three months...and maybe six. You could also try for an annulment in CA, but divorces are usually quicker, easier and less expensive.
Not an annulment. She lived with the guy for 3 months. There's nothing in her post that indicates that she meets any of the grounds for annulment:
[url=http://www.kinseylaw.com/clientserv2/famlawservices/annulment/nullity.html]California Annulment (Nullity) Law & Procedure - Family Law Attorney (Lawyer)[/url]

Residency in CA is 6 months, plus the most recent 3 months must be in the county where the divorce is filed.
  #4  
Old 08-10-2009, 08:33 AM
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Originally Posted by mistoffolees View Post
Not an annulment. She lived with the guy for 3 months. There's nothing in her post that indicates that she meets any of the grounds for annulment:
[url=http://www.kinseylaw.com/clientserv2/famlawservices/annulment/nullity.html]California Annulment (Nullity) Law & Procedure - Family Law Attorney (Lawyer)[/url]

Residency in CA is 6 months, plus the most recent 3 months must be in the county where the divorce is filed.
That's why I said "try"...although I don't know how we can state with certainty that she doesn't meet any of the grounds. We know very little about the marriage.
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  #5  
Old 08-10-2009, 09:25 AM
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Originally Posted by LdiJ View Post
That's why I said "try"...
Try will cost you a $355 first paper fee. How many times have you put down almost $400 to try something?
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CourtClerk is right.
  #6  
Old 08-10-2009, 09:30 AM
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Originally Posted by CourtClerk View Post
Try will cost you a $355 first paper fee. How many times have you put down almost $400 to try something?
I wouldn't try in that circumstance, but then an annulment vs divorce wouldn't matter to me either. It matters to some people.
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  #7  
Old 08-10-2009, 09:54 AM
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Originally Posted by LdiJ View Post
That's why I said "try"...although I don't know how we can state with certainty that she doesn't meet any of the grounds. We know very little about the marriage.
Do you always advocate spending money to try something with virtually no chance of success?
  #8  
Old 08-10-2009, 08:07 PM
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Originally Posted by mistoffolees View Post
Do you always advocate spending money to try something with virtually no chance of success?
I don't think that telling them that they could "try" and then telling them that divorces are quicker, easier and less expensive is "advocating". I also don't think that pointing out that the info given by the OP was very limited and therefore we couldn't determine their chances at success was advocating either.
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