Hi I'm in California, I never been to this website before, so please bare with me.
I'm in the middle of my annulment case, I already have a hearing date September 12th 2014, but here is the issue, first I need to change that date to an earlier date.
The reason is because I need to leave the country to solve legal matters back home before December 2014. Having said that, if I wait until september for the annulment/divorce (whichever comes)it will be too late, cause until I solve all the immigration issues to be able to travel legally it will be after December.
Now my problem, is that my American kids were taken by the mother (from a prior relationship to this annulment) down to Brazil, and if I don't go there to file a complaint by december 14th, by brazilian laws the kids become residents of Brasil and I lose all my rights over them.
I know it is a complicated situation, and if I need to go before my immigration situation is solved I will, but I don't want to lose all the money and work already put on my immigration case, because of court dates.
So my first question is about how to file a motion with the san diego superior court to change my court date from September to an earlier date.?
Second is about the reason for our annulment, I wasn't told by her that she could not have kids anymore, she took her uterus out and we both got to a conclusion that it was not fair with me, cause I do want to built a "real" family one day. But I don't want to file for Fraud if that will harm my wife in any way, cause we decide for annulment and separation, but there is no animosity between us, so what are the consequences to her if the fraud is proven and the annulment granted???
I already filed for annulment or divorce in the case of, and already served her, she decided not to respond since we have an agreement already; so it is a Default case with an agreement.
And I'm trying to get an earlier hearing. Please advice
Thank you very much in advance
I'm in the middle of my annulment case, I already have a hearing date September 12th 2014, but here is the issue, first I need to change that date to an earlier date.
The reason is because I need to leave the country to solve legal matters back home before December 2014. Having said that, if I wait until september for the annulment/divorce (whichever comes)it will be too late, cause until I solve all the immigration issues to be able to travel legally it will be after December.
Now my problem, is that my American kids were taken by the mother (from a prior relationship to this annulment) down to Brazil, and if I don't go there to file a complaint by december 14th, by brazilian laws the kids become residents of Brasil and I lose all my rights over them.
I know it is a complicated situation, and if I need to go before my immigration situation is solved I will, but I don't want to lose all the money and work already put on my immigration case, because of court dates.
So my first question is about how to file a motion with the san diego superior court to change my court date from September to an earlier date.?
Second is about the reason for our annulment, I wasn't told by her that she could not have kids anymore, she took her uterus out and we both got to a conclusion that it was not fair with me, cause I do want to built a "real" family one day. But I don't want to file for Fraud if that will harm my wife in any way, cause we decide for annulment and separation, but there is no animosity between us, so what are the consequences to her if the fraud is proven and the annulment granted???
I already filed for annulment or divorce in the case of, and already served her, she decided not to respond since we have an agreement already; so it is a Default case with an agreement.
And I'm trying to get an earlier hearing. Please advice
Thank you very much in advance
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