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Can someone file annulment after being served with divorce papers?

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La Luna

Junior Member
My husband and I married almost two years ago. He met someone else and they are together now. We live in California, but he moved his "residency" to Nevada, we all know he lives in California. He gave me, not served, but gave me divorce papers from Nevada, which looked not official at all, no case number or anything, which stated we don't owe anything to each other but I would be responsible for half of his taxes.. he wanted me to notarize my signature on those papers, which I refused. Then he threatened me with annulment with complaint, and actually gave me the papers, again from Nevada, he said annulment with complaint dos not require my signature. I am from another country, he is saying I married him just for the papers. Not truth, but he knows I am in a temporary two years green card...

I decided to file divorce in California and the papers where served to him.

He now stated he filed annulment already and he sent the papers to Home Security to have me deported. I don't really know why he is doing this :( He wants to marry this other girl as soon as possible and wants me out of the picture..

The question is: Can someone file annulment after being served with divorce papers?? Is that possible??

Thank you for your answer.
 


OHRoadwarrior

Senior Member
Here are grounds for annulment in NV;
Grounds for annulment:
1. lack of consent of a parent or guardian
2. lack of understanding/insanity
3. fraud
4. void marriages
< Spouses that are closely related by
blood
< Either the Plaintiff or Defendant
was married to someone else on the
day the Plaintiff and Defendant
were married
It sounds like he is attempting to pull a fast one and scam you into signing away your rights, by claiming your marriage was a fraud. You should hire an attorney to appear with you and argue CA has jurisdiction.

http://www.clarkcountycourts.us/shc/shc%20packets%20and%20documents/Annulment%20Brochure.pdf
 

sandyclaus

Senior Member
My husband and I married almost two years ago. He met someone else and they are together now. We live in California, but he moved his "residency" to Nevada, we all know he lives in California. He gave me, not served, but gave me divorce papers from Nevada, which looked not official at all, no case number or anything, which stated we don't owe anything to each other but I would be responsible for half of his taxes.. he wanted me to notarize my signature on those papers, which I refused. Then he threatened me with annulment with complaint, and actually gave me the papers, again from Nevada, he said annulment with complaint dos not require my signature. I am from another country, he is saying I married him just for the papers. Not truth, but he knows I am in a temporary two years green card...

I decided to file divorce in California and the papers where served to him.

He now stated he filed annulment already and he sent the papers to Home Security to have me deported. I don't really know why he is doing this :( He wants to marry this other girl as soon as possible and wants me out of the picture..

The question is: Can someone file annulment after being served with divorce papers?? Is that possible??

Thank you for your answer.
Sure they can. The question is whether or not the annulment filing would be valid, and I don't believe it would because the first filing would take precedence (I think).

As for residency, Nevada only requires 6 weeks residency in order to file for either divorce or annulment in that state.

You say you have your conditional green card. Did he sponsor you for this? Because even if he divorces you, he may be required to continue supporting you financially if he completed an I-864 even after the divorce is finalized.
 

sunandwater

Junior Member
does a CA divorce nullify the NV annoulmet?

This is the big question: does a CA divorce nullify the NV annulment?
If she can prove he never moved to NV, does that void the NV annulment?

Is it really that easy to lie about NV residency to file for one of these quick and easy online divorces? When do they sit down and figure out who owns what and who get any support?

The system is broken.
 

LdiJ

Senior Member
My husband and I married almost two years ago. He met someone else and they are together now. We live in California, but he moved his "residency" to Nevada, we all know he lives in California. He gave me, not served, but gave me divorce papers from Nevada, which looked not official at all, no case number or anything, which stated we don't owe anything to each other but I would be responsible for half of his taxes.. he wanted me to notarize my signature on those papers, which I refused. Then he threatened me with annulment with complaint, and actually gave me the papers, again from Nevada, he said annulment with complaint dos not require my signature. I am from another country, he is saying I married him just for the papers. Not truth, but he knows I am in a temporary two years green card...

I decided to file divorce in California and the papers where served to him.

He now stated he filed annulment already and he sent the papers to Home Security to have me deported. I don't really know why he is doing this :( He wants to marry this other girl as soon as possible and wants me out of the picture..

The question is: Can someone file annulment after being served with divorce papers?? Is that possible??

Thank you for your answer.
Homeland security is not going to deport you simply because he sent them copies of his unfiled annulment paperwork.
 

Just Blue

Senior Member
This is the big question: does a CA divorce nullify the NV annulment?
If she can prove he never moved to NV, does that void the NV annulment?

Is it really that easy to lie about NV residency to file for one of these quick and easy online divorces? When do they sit down and figure out who owns what and who get any support?

The system is broken.
Who are you in this situation?
 

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