jody245 said:
Answer to your 3 questions are as follows: I learned the marriage could be void in October 1997, after he already filed for divorce in August 1997 and the divorce paperwork was filed with the court.
The time that has passed since I found out my marriage could be voidable has been 5 years. He returned in Nov. 1997 after I had a severe stroke. To be truthful at that time, when I came home from the hospital I gave no thought to the marriage since he told me that our divorce got screwed up somehow in the court system, and that we were still married. I found out after I kicked him out that he never followed through with the divorce on his part. That is why the divorce never came to completion.
I filed for a Civil petition for annulmrent with thr court on June 11, 2002.
My response:
Although you have filed for an Annulment (which will undoubtedly be granted), the court will, most likely, consider your husband to be a "putative spouse" and divide the assets and liabilities of your marriage on that basis, and pursuant to California's Community Property laws.
A putative spouse is a status that is awarded to do "equity" because there was a "good faith" belief, at least by one of the parties, that there was, in fact, a valid marriage - - but, due to some mistaken belief, or mistake of the law, the parties maintained the "marriage" despite the "flaw." This argument could be bolstered by the fact that you knew, for 5 years, that the marriage was voidable, but failed to do anything about it earlier despite the flaw, and allowed the marriage to continue. I know you said that you suffered a stroke, but you have apparently gotten better long ago - - at least to the point of being able to protect your rights.
So, while the Annulment will be granted, the rest of the issues will be decided as if you were married. This will be the equitable conclusion.
Good luck to you.
IAAL