Legal Advice: Divorce or Annulment?

[Moon2007]

What is the name of your state? California resident (married in Vegas)
Hi, my husband and I married in Las Vegas in January 2004 (3 years, 1 week ago). This week we decided to go our separate ways and end the marriage. We do not have children or any debt, but we do share a house. We decided the house would be transferred to me because he will not be able to make mortgage payments alone. Other than this we do not share anything.

I would like to end the marriage as soon as possible with an annulment, but I'm not sure if that is possible. We were intoxicated at the time of marriage but we have been together for over 3 years so I don't know if an annulment would be granted? If yes, what is the process for annulment? If not, what are my options? What is the cost? Do I need a lawyer or is there an easier/cheaper way of doing this? I apologize for all the questions but I really appreciate any advice.

I look forward to hearing back from someone soon. Thank you!

[ezmarelda]

Originally Posted by Moon2007

What is the name of your state? California resident (married in Vegas)
Hi, my husband and I married in Las Vegas in January 2004 (3 years, 1 week ago). This week we decided to go our separate ways and end the marriage. We do not have children or any debt, but we do share a house. We decided the house would be transferred to me because he will not be able to make mortgage payments alone. Other than this we do not share anything.

I would like to end the marriage as soon as possible with an annulment, but I'm not sure if that is possible. We were intoxicated at the time of marriage but we have been together for over 3 years so I don't know if an annulment would be granted? If yes, what is the process for annulment? If not, what are my options? What is the cost? Do I need a lawyer or is there an easier/cheaper way of doing this? I apologize for all the questions but I really appreciate any advice.

I look forward to hearing back from someone soon. Thank you!

It is much easier/faster/cheeper to file for divorce especialy if it is uncontested
you can find most anything you would need to do it yourself here
[url]http://www.courtinfo.ca.gov/cgi-bin/forms.cgi[/url]
good luck

[ceara19]

Originally Posted by Moon2007

What is the name of your state? California resident (married in Vegas)
Hi, my husband and I married in Las Vegas in January 2004 (3 years, 1 week ago). This week we decided to go our separate ways and end the marriage. We do not have children or any debt, but we do share a house. We decided the house would be transferred to me because he will not be able to make mortgage payments alone. Other than this we do not share anything.

I would like to end the marriage as soon as possible with an annulment, but I'm not sure if that is possible. We were intoxicated at the time of marriage but we have been together for over 3 years so I don't know if an annulment would be granted? If yes, what is the process for annulment? If not, what are my options? What is the cost? Do I need a lawyer or is there an easier/cheaper way of doing this? I apologize for all the questions but I really appreciate any advice.

I look forward to hearing back from someone soon. Thank you!

Unless you've been intoxicated for the past 3 years and have just now sobered up enough to realize that the marriage was a mistake, annulment is not likely to even be an option.

[Moon2007]

Originally Posted by sorry...eme

It is much easier/faster/cheeper to file for divorce especialy if it is uncontested
you can find most anything you would need to do it yourself here
[url]http://www.courtinfo.ca.gov/cgi-bin/forms.cgi[/url]
good luck

Excellent, thank you! Can anyone else provide additional insight?

[ezmarelda]

Originally Posted by Moon2007

Excellent, thank you! Can anyone else provide additional insight?

welcome!

[Bali Hai]

Originally Posted by Moon2007

Excellent, thank you! Can anyone else provide additional insight?

You need to determine how much equity you both have in the marital home and pay over his half. He will then provide you with a quit claim deed.

You need to draft a QDRO splitting your retirement account and pay over his portion.

You need to be thinking about how much alimony you will pay him and for how long.

You need to secure a life insurance policy payable to him to cover the cost of the alimony payments in the event of your death.

Upon execution of the above terms, I'm sure your divorce will proceed smoothly.

[nextwife]

You REALLY need to refinance him off the shared mortgage. That is the only way he will be released from the debt obligation.

While that mortgage remains open, his credit score and borrowing power is negatively impacted, and he may be prevented from buying his own home for the entirety of the remaining term. If you are not prepared to refinance him off the mortgage, you REALLY should sell the property and each get your own. That mortgage must be paid off, else he STILL remains liable for that mortgage. You and he need to both understand that.

[LdiJ]

Originally Posted by Bali Hai

You need to determine how much equity you both have in the marital home and pay over his half. He will then provide you with a quit claim deed.

You need to draft a QDRO splitting your retirement account and pay over his portion.

You need to be thinking about how much alimony you will pay him and for how long.

You need to secure a life insurance policy payable to him to cover the cost of the alimony payments in the event of your death.

Upon execution of the above terms, I'm sure your divorce will proceed smoothly.

Bali, this was a three year marriage.....most of that is not relevant.

[Bali Hai]

Originally Posted by LdiJ

Bali, this was a three year marriage.....most of that is not relevant.

The marriage contract duration is not the only factor to be considered when determining whether someone will be awarded alimony.

It sounds like the husband sacrificed significantly to futher the wifes career during the marriage albeit a three year term.

There are other factors (but not limited to): future earning power of the respective parties, health considerations and perhaps some marital misconduct, etc.

Of course this will be left to the court to decide should the parties cannot come to agreement on the issue.

[ceara19]

Originally Posted by Bali Hai

It sounds like the husband sacrificed significantly to futher the wifes career during the marriage albeit a three year term.

Where are you getting this from?

[LdiJ]

Originally Posted by ceara19

Where are you getting this from?

I doubt that he is getting it from anywhere, he is just so resentful of the fact that he is paying alimony that he wants to scare any woman he can encounter.

[Bali Hai]

Originally Posted by ceara19

Where are you getting this from?

I get this fact from the same place that wives do when they present their claims for the court to act upon.

[CJane]

Originally Posted by Bali Hai

I get this fact from the same place that wives do when they present their claims for the court to act upon.

In other words, you're pulling information out of your ass in an effort to scare someone who is NOT at all likely to owe her spouse anything along the lines of a retirement account or alimony or anything except 1/2 of the equity in the home into coming up with an agreement that would satisfy YOU and YOUR moral outrage at being bested in court?

Nice legal advice there Bali. Really. You're being a troll again.

[Bali Hai]

Originally Posted by CJane

In other words, you're pulling information out of your ass in an effort to scare someone who is NOT at all likely to owe her spouse anything along the lines of a retirement account or alimony or anything except 1/2 of the equity in the home into coming up with an agreement that would satisfy YOU and YOUR moral outrage at being bested in court?

Nice legal advice there Bali. Really. You're being a troll again.

Very astute observation. You apparently have met wives who have done this.

[Moon2007]

Thanks to everyone for all the advice! I do have one question that I probably should have asked in my first post:

We were married in Nevada (Vegas) but are residents of California, so where should the divorce be filed?

Thanks again!