Can I Get a Marriage Anulled After Divorce?

[mcjewel@aol.com]

What is the name of your state? California

I got married in 1990, and was married for only three months when my husband beat me up and left me for his pregnant girlfriend. It took until 1991 (almost a year) to get the divorce done, which I did without an attorney. Problem is, it is still affecting my life that I have this divorce hanging out there, and I'd like to change it to an anullment. Is that a possibility? If so, how do I do it?

[stealth2]

Probably not. Work on moving on.

[Cindergretta]

i agree that it would be best to move on..how does this divorce affect your life now in 2004? could you explain? is it a matter of unforgiveness? i imagine that it probably wouldn't be hard to get it done. three months of marriage? and he left for his pregnant girlfriend? there was probably fraud going on in that he was either seeing someone else at the time you got married or during the entire marriage, which with adultery, he broke the marriage covenant and in the eyes of God it would be broken. i just think it would be hard to gather evidence from something that happened over 14 years ago. or do you have all you need? is the ex back in your life or threatening you? look at the annulment laws/guidelines in your state and perhaps you could go for a FREE consultation to see if it is worth it time and money wise. i have heard that if the ex is willing and agrees to it is not as much of a hassle.

[stealth2]

After 14 years it is simply not worth the time or money that an annulment would require - even if it DID meet the requirements for a legal annulment (and I suspect it does NOT). Breaking a covenant made before God has absolutely nothing to do with anything with the legalities of the marriage. If it's a religious annulment you're after, go talk to your priest.

[I AM ALWAYS LIABLE]

My response:

This is simple.

Since there is no marriage, the court no longer has jurisdiction to do anything. There is nothing left to "annul". And, the "record of divorce" cannot be "expunged". It's on the record, and it's permanent.

IAAL

[rmet4nzkx]

It is possible to have the file and record made confidential in some circumstances, whether or not that is possible at this point or you would have a reason to do so, I don't know, nor why having this divorce record is a problem unless it contains information that you have misrepresented or some sort of fraud? An anulment through the church is another issue.

[I AM ALWAYS LIABLE]

Originally Posted by rmet4nzkx

It is possible to have the file and record made confidential in some circumstances,

My response:

Really? That's a new one on me!

Show me the law(s) to which you are referring.

IAAL

[rmet4nzkx]

Originally Posted by I AM ALWAYS LIABLE

My response:

Really? That's a new one on me!

Show me the law(s) to which you are referring.

IAAL

I think it falls under the laws that allow some information to be made confidential, such as financial or address, information. I can't cite the "Laws" because I couldn't access the file to see what they based thier motion upon, sorry. I had a colleague who went through a nasty divorce and because he didn't want his patients to access the file had it made confidential. I know for a fact re the divorce and other financial settlements because it involved partnership information, and actually wanted the name of his ex's attorney who was a "Kick A$$ divorce attorney" I looked up the case on microfiche and requested the file, the clerk retrieved the file and informed me that it was confidential, and couldn't even give me the name of the attorney from the file, I couldn't get the name from either party because both had left the state and were hiding from each other
I subsequently looked up the case and it has been purged from the online "open access" the only record of their divorce available online is in the recorders office where there is an note "ORDER/DECREE" OPEN ACCESS does have another case filed against both of them subsequent to the date of the decree, so it is not my immagination. It is possible that this was some sort of a local practice although I have seen divorces of other's in similar situations still online and of course online access varies between counties, but I went in and requested and saw the file and it was definately sealed confidential.

[I AM ALWAYS LIABLE]

Originally Posted by rmet4nzkx

I think it falls under the laws that allow some information to be made confidential, such as financial or address, information. I can't cite the "Laws" because I couldn't access the file to see what they based thier motion upon, sorry. I had a colleague who went through a nasty divorce and because he didn't want his patients to access the file had it made confidential. I know for a fact re the divorce and other financial settlements because it involved partnership information, and actually wanted the name of his ex's attorney who was a "Kick A$$ divorce attorney" I looked up the case on microfiche and requested the file, the clerk retrieved the file and informed me that it was confidential, and couldn't even give me the name of the attorney from the file, I couldn't get the name from either party because both had left the state and were hiding from each other
I subsequently looked up the case and it has been purged from the online "open access" the only record of their divorce available online is in the recorders office where there is an note "ORDER/DECREE" OPEN ACCESS does have another case filed against both of them subsequent to the date of the decree, so it is not my immagination. It is possible that this was some sort of a local practice although I have seen divorces of other's in similar situations still online and of course online access varies between counties, but I went in and requested and saw the file and it was definately sealed confidential.

My response:

Let me begin this response by saying that you don't know what you're talking about. Second, this is not what our original writer is talking about. Our writer wants to hide the "fact of marriage" and "the fact of dissolution".

You're talking about the decree of settlement; i.e., The financial settlement. That's NOT what our writer is asking about.

Marriages themselves can be entered into "confidentially". That's the "fact of Marriage." Post separation orders are automatic that certain dissolution information is "confidential"; e.g., Social Security number, etc. Some financial data can be ordered "confidential" - - but NOT the "fact of dissolution" itself.

Don't get the two concepts mixed or confused. One is the Dissolution, and the other is the Settlement. There is NO legal "mechanism" under California law to make the Dissolution "confidential".

IAAL

[rmet4nzkx]

Originally Posted by I AM ALWAYS LIABLE

My response:
Our writer wants to hide the "fact of marriage" and "the fact of dissolution".
That is exactly what I was referring to, hiding the fact of the dissolution, the case to which I referred all references to the dissolution have been deleted from "open Access" not just the otherwise confidential detaile, the case number doesn't even come up anymore and physical access to the entire file was confidential, others at the same time remain available I even checked before I answered.

You're talking about the decree of settlement; i.e., The financial settlement. That's NOT what our writer is asking about.
No, ALL references to the case, not just the degree/settlement. Although the recorders office shows who got the house.

Marriages themselves can be entered into "confidentially". That's the "fact of Marriage." Post separation orders are automatic that certain dissolution information is "confidential"; e.g., Social Security number, etc. Some financial data can be ordered "confidential" - - but NOT the "fact of dissolution" itself. I know, but it was, maybe I'll go in next week and ask how it was done, even so, this was made confidential at the time of the active case so I don't think OP would have any reason to have this done now.

Don't get the two concepts mixed or confused. One is the Dissolution, and the other is the Settlement. There is NO legal "mechanism" under California law to make the Dissolution "confidential".
I understand they are both different concepts.

IAAL

Then someone is doing something fishy in this county. But when I check I'll post it if I can find out how or under what authority it was done. I saw the file and the entire file was confidential, there is no record of dissolusion in any way shape or form although it did occur.

[Rhubarb297]

Originally Posted by I AM ALWAYS LIABLE

My response:

This is simple.

Since there is no marriage, the court no longer has jurisdiction to do anything. There is nothing left to "annul". And, the "record of divorce" cannot be "expunged". It's on the record, and it's permanent.

IAAL

What kind of reasoning is that? My response: You don't know what you're talking about.

I agree it's highly unlikely that the case would be reopened to convert a divorce to an annullment. But certainly not for the bizarro reason you cite.

[I AM ALWAYS LIABLE]

Originally Posted by Rhubarb297

Are you talking about your own posts?


****************************************
Marriages themselves can be entered into "confidentially". That's the "fact of Marriage."

IAAL

What in the world are you talking about??? Do you purposefully come on these boards to mislead people? Your posts are usually about 20% true and 80% totally made up.

Hate to tell you but when people marry that is a public record. Absolutely.

Folks IAAL's posts are usually 20% true, 80% totally fabricated nonsense. He
OBVIOUSLY isn't a lawyer, so please take his posts as what they are - pure entertainment.[/quote]





My response:

Say good-bye to your membership. You're too stupid to stay. I only bothered to explain these concepts to "rmet4nzkx" because I know she has a brain. You don't. You obviously lost track of the concepts being discussed in this thread and you're too ignorant of California law. No matter, though. You're history.

IAAL

[I AM ALWAYS LIABLE]

Originally Posted by Rhubarb297

Are you talking about your own posts?


****************************************
Marriages themselves can be entered into "confidentially". That's the "fact of Marriage."

IAAL

What in the world are you talking about??? Do you purposefully come on these boards to mislead people? Your posts are usually about 20% true and 80% totally made up.

Hate to tell you but when people marry that is a public record. Absolutely.[/quote]


My response:

A "confidential marriage certificate" is not a public record (Ca Fam § 511(a)--not open to public inspection except by court order for good cause shown); and the date of the marriage, as well as any other information contained in the certificate, "shall not be disclosed" except upon court order (Ca Fam § 511(c) & (d)).

The only thing that's "absolute" in this thread is that you're too stupid. Before you comment, read, know, and understand California law. So, there it is - - can you understand what I wrote?

IAAL

[rmet4nzkx]

Whew, I'm glad I still have a brain.
We had the issue of "Confidential Marriage" come up here before and it does appear there is such a thing in California as found on [url]http://www.dhs.ca.gov/hisp/chs/OVR/Marriage/Default.htm[/url]
The registration of public and confidential marriages in California is a local and state function. The California Family Code provides for a continuous and permanent marriage registration system. The system depends upon the conscientious efforts of local officials, clergymen, and other officiants in preparing the original records and in certifying the information on these records.

“Laws are mutually accepted rules by which, together, we maintain a free society. Liberty itself is built on a foundation of law. That foundation provides an orderly process for changing laws. It also depends on our obeying laws once they have been freely adopted.”[1]

County Clerk
The County Clerk issues public and confidential marriage licenses. The County Clerk is the local registrar of confidential marriages (Family Code, Section 511). The County Clerk maintains a permanent index of all confidential marriages registered.

Marriage Officiant
The marriage officiant, e.g., clergyperson or authorized individual, who performs the marriage ceremony is required by law to complete the marriage license and return it to the County Recorder’s Office within 10 days of the event for registration. For confidential marriages, the marriage license is returned to the County Clerk’s Office for registration.

County Recorder
The County Recorder is the local registrar of public marriages (which includes declared and non-clergy marriages) under the direction of the State Registrar (Health and Safety Code, Sections 102285 and 102295).

The local official is required to see that a complete and acceptable certificate is filed for each marriage, and that each entry on the certificate is clear and unambiguous. Once reviewed for proper completion, the local official collects the certificates of marriage filed and transmits them to the state office on a monthly basis (Health and Safety Code, Section 102355).

An important function of the local registrar of marriages is to produce an index of marriages registered in his/her jurisdiction (Government Code, Section 27252).
and example of Confidential Marriage form Monterey County.
XXXX is authorized by the County of Monterey to issue the California Confidential Marriage License. This is a legal marriage license that is accepted in all fifty states. If you have any questions about the legality of this license we strongly encourage you to phone the Monterey County Clerk at (831) 755-5450.

The Confidential Marriage License was originally created in the 1800's to protect confidentiality. At that time, it was common for people already living together not to get married because they feared that other people would learn that they weren't married all along. The Confiderntial Marriage License is not open record, which means it requires your signature to obtain a copy.

If you are married under the authority of a license issued by the County Clerk as opposed to the Confidential Marriage License, your license will be open to public inspection. Anyone who wishes may go to the County Clerk's office and look at marriage licenses. They may do this for any reason. Many business people regularly look through the marriage licenses to get information about the people which can be used for various solicitations such as the sale of life insurance.

But the Confidential Marriage Certificate is NOT available for this purpose. Only you may get certified copies of the Certificate. You are the only one who controls access to the document. If someone wants a copy of your certificate and you refuse to give it to them, they will have to get a court order to obtain it. Of course, the court would not give such an order to anyone without good cause.

The Confidential Marriage Certificates that we issue are filed in Monterey County. You can always get additional certified copies of your Marriage Certificate by writing to:

Monterey County Clerk
P.O. Box 29
Salinas, CA 93902
(831) 755-5450

The California Confidential Marriage Certificate does not require a blood test, and there is no waiting period. You must, however, both be at least 18 years old, and you must already be living together to quality for this Certificate.

[Rhubarb297]

Originally Posted by I AM ALWAYS LIABLE

What in the world are you talking about??? Do you purposefully come on these boards to mislead people? Your posts are usually about 20% true and 80% totally made up.

Hate to tell you but when people marry that is a public record. Absolutely.

My response:

A "confidential marriage certificate" is not a public record (Ca Fam § 511(a)--not open to public inspection except by court order for good cause shown); and the date of the marriage, as well as any other information contained in the certificate, "shall not be disclosed" except upon court order (Ca Fam § 511(c) & (d)).

The only thing that's "absolute" in this thread is that you're too stupid. Before you comment, read, know, and understand California law. So, there it is - - can you understand what I wrote?

IAAL[/quote]

Great...so you're licensed to practice law in California? Please post your bar number and I'll look it up. Otherwise you might refrain from giving bogus legal advice.