divorce, annulment, and finances

[summerdawn]

What is the name of your state (only U.S. law)? The state of California: Hi, I am a friend of Summer's. My father's new wife of only 2 months decided to leave him last night, but does not have the money to file for divorce. My father wants to protect his finances/assets. His trailer is in his name only, as is his bank account. After only 2 months of marriage, could she fight for allimony? If not, does she have legal rights to any of his money or assets, if her name is not included on any financial or property documents? How long does he have to file for annulment, should he choose that option over divorce? Additionally, I understand that an annulment requires particular circumstances, such as mental illness or false pretenses. How would one go about proving these in order to qualify for an annulment?

 

[mistoffolees]

What is the name of your state (only U.S. law)? The state of California: Hi, I am a friend of Summer's. My father's new wife of only 2 months decided to leave him last night, but does not have the money to file for divorce. My father wants to protect his finances/assets. His trailer is in his name only, as is his bank account. After only 2 months of marriage, could she fight for allimony? If not, does she have legal rights to any of his money or assets, if her name is not included on any financial or property documents? How long does he have to file for annulment, should he choose that option over divorce? Additionally, I understand that an annulment requires particular circumstances, such as mental illness or false pretenses. How would one go about proving these in order to qualify for an annulment?

This question has been asked a thousand times. Please search before asking the same question over and over again.

HE WILL NOT BE ABLE TO GET AN ANNULMENT. And a divorce will be cheaper and easier. The sooner he gets started, the less claim she'll have on any assets. If he puts it off a few years, she'll be asking for gains on his assets. In addition, in CA, alimony may be awarded for a fixed percentage of the length of the marriage, even in short term marriages (it's either 1/2 or 1/3 - I don't remember - just look it up). The longer he delays, the longer he could be paying alimony (assuming that he has the greater income and so on).

Not having the money for divorce is a terrible reason. The longer he delays, the more it will cost. Borrow the money. Get a second job. Stop spending so much. Whatever - just do it.

 

[summerdawn]

Hey A. I told mom to tell you that an annulment would not be possible. I have googled a page on annulment for you to look at yourself so that you can see that it probably won't be:

California Annulment (Nullity) Law & Procedure - Family Law Attorney (Lawyer)

This page deals with annulment laws in California. If you look in the section under fraud it lists the types of fraud that make a marriage eligible for annulment.

I also looked up a page on alimony for you:

Spousal Support

It can't tell you definitely that he will or will not have to pay, but it can tell you the things they will take into cosideration when deciding.

Also, I don't know if they deal with divorce or not, but SB courthouse has a legal aid program that may be able to help your dad...i'll see if I can dig up the info about it from my child custody case-they have a place in the courthouse that can help, and another place that is not located at the courthouse that may be able to help. He and his wife will probably end up at the same courthouse that I did.

Gimme a call tomorrow, and we'll talk and see what we can do for your dad, ok?

 

[Ohiogal]

SUMMER do NOT loan out your id to ANYONE. This looks like you are answering yourself and driving everyone nuts. Please have your friend get her OWN username.

 

[summerdawn]

SUMMER do NOT loan out your id to ANYONE. This looks like you are answering yourself and driving everyone nuts. Please have your friend get her OWN username.

Sorry, OG. When I went to show her the site on my mom's computer, I was still logged in. I had to go home, and she is not familiar with the BB format, so I told her if she would like, she could use my name. I will help her make her own ID when I go visit next.