• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Annulment in prison

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

diamond 300

Junior Member
What is the name of your state? CA
I was married in Nevada 12/06. I lived together with my husband 4 months (4/07) then he was incarcerated with a sentence of 18 months. He was released (1/08) after 9 months on a surety bond for 25K(which I signed) for technicality (appeal won in the 9th circuit court on 1 of 2 counts which he was charged) but then resentenced at a hearing 1 month later (3/6/08) to serve the remaining months. He was to self surrender to the US marshals 4/4/08 but has not of as of yet. Question : 1. am I responsible to pay the bail if he does not self surrender? The surety bond was to make sure he showed up in court for his hearing 3/08, which he did. The court gave him until 4/4 to self surrender and he hasn't.
2. When he self surrenders I plan to send annulment papers to his prison. It appears that there is no record of his divorcing his previous wife as he stated on our marriage license application. He also has abandoned the home since his release and there has been no financial commitment to the bills. I have also discovered jail records and charges previous to our marriage that I was not aware of. Will there be a problem annuling this marriage if he is in prison and might not respond? We have no property or kids.:mad:
 


CourtClerk

Senior Member
It doesn't appear that you would really qualify for an annullment in CA, unless you can prove that the marriage is voidable because of a prior marriage.

If you bailed him out, you're responsible for the money. Congratulations on your choice of a spouse.
 

diamond 300

Junior Member
marrried a loser- my bad

I plan to file the annulment papers in Nevada since we married there. I have been reading about reasons for annulment and bigamy appears to be one.
 

seniorjudge

Senior Member
Divorce is cheaper and easier, especially if he is in California and you are too.

To go to a different state makes it harder and more expensive and will take more time.
 

CourtClerk

Senior Member
I plan to file the annulment papers in Nevada since we married there. I have been reading about reasons for annulment and bigamy appears to be one.
Umm... do you have established RESIDENCY in Nevada??? You just can't go filing legal paperwork where ever, no matter WHERE you were married. If you live in California now, California is probably going to have jurisdiction. How long have you been here?
 

diamond 300

Junior Member
I live in California, and so does he. I read the Nevada law (I'm a novice at this though) and it appears to state that an annulment can be obtained in the state of Nevada if there is residency for 6 weeks or the original marriage was performed there. There are also a list of reasons that are given for an annulment. I also beleive that since I was not aware of his criminal background (domestic violence, and fraud) they may also be a reason for annulment. What do you think?
 

diamond 300

Junior Member
I think I'm choosing annulment because it appears our Las Vegas marriage was never legal anyway. Plus it's my way of looking at it like it never happened.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top