fantasmck said:
7 month ride in California feels like it needs to end. Married my wife with goals which have become a distant memory. Since we are both young, I feel it would be best for our marriage to be annuled, rather than become DIVORCED. Is this possible, if we both agree?
Also: SInce I make around 80% of the income, is she entitled to any Spousal Support, though we have been married for such a short time?
Thanks
My response:
You haven't mentioned any legally cognizable reasons for an Annulment of your marriage; and, the one reason that you do cite - - length of marriage - - is not a deciding factor for an Annulment - - theoretically, if fraud is involved, a couple can be married for years, and years, and still obtain an Annulment. Therefore, I must conclude that you are not entitled to an Annulment.
But, you do sound like you might qualify for a quick, down and dirty, "Summary Dissolution" of your marriage.
A summary dissolution is available only when all of the following conditions exist at the time the proceeding is commenced (Ca Fam § 2400(a)):
a. Jurisdictional prerequisites: Either party meets the Ca Fam § 2320 "jurisdictional" requirements for marriage dissolution (resident of the state for at least six months and of the county where the petition is filed for at least three months). [Ca Fam § 2400(a)(1)]
b. Grounds: "Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved." [Ca Fam § 2400(a)(2)]
c. No children: There are no children of the parties' relationship born before or during their marriage or adopted during their marriage; and the wife, to her knowledge, is not pregnant. [Ca Fam § 2400(a)(3)]
· Though not specified in the statute, the "no children" requirement presumably means minor children of the parties. (While the parties cannot have been married more than five years, they conceivably could have adult children by premarital cohabitation or adoption. This should not disqualify the spouses from a summary dissolution since, as to adult children, there would ordinarily be no concern about statutory child support obligations.)
d. Maximum five-year marriage: The marriage is no more than five years in duration at the time the petition is filed. [Ca Fam § 2400(a)(4)]
e. No real property interests other than short-term residence lease: Neither party has any interest in real property (wherever situated), with the exception of the lease of a residence occupied by either party if it does not include an option to purchase and if it terminates within one year from the date of filing the petition. [Ca Fam § 2400(a)(5)]
f. Maximum marital debts: There are no debts in excess of $5,000 incurred by either or both parties during the marriage, excluding automobile purchase balances. [Ca Fam § 2400(a)(6)]
(1) Periodic CPI adjustments: Section 2400 (a)(6) actually sets the maximum debt threshold at $4,000. But that amount is subject to Judicial Council adjustment every odd-numbered year to reflect any changes in the value of the dollar. [See Ca Fam § 2400(b)] As last adjusted by the percentage increase in the California Consumer Price Index, the debt ceiling is currently $5,000.
g. Maximum community and separate property assets: The total fair market value of community property assets--including deferred compensation and retirement plans, but excluding all encumbrances and automobiles--is less than $25,000; and neither party has separate property assets (excluding encumbrances and automobiles) in excess of $25,000. [Ca Fam § 2400(a)(7)]
(1) Periodic CPI adjustments: The $25,000 asset threshold is also subject to Judicial Council adjustment every odd-numbered year to reflect any changes in the value of the dollar. [See Ca Fam § 2400(b)] But no CPI increase has yet occurred since the $25,000 limit took effect.
h. Property settlement agreement and transfer documents: The parties have executed (1) an agreement dividing their community assets and debts, and (2) any documents, title certificates, bills of sale, or "other evidence of transfer" necessary to effectuate their property settlement agreement. [Ca Fam § 2400(a)(8)]
i. Support waivers: Each party waives any rights to spousal support. [Ca Fam § 2400(a)(9)]
j. Appeal and new trial waivers: Each party, upon entry of judgment of dissolution, irrevocably waives rights to appeal and to move for a new trial. [Ca Fam § 2400(a)(10)]
k. Informed participation in summary dissolution: The parties have read and understand the Judicial Council summary dissolution brochure (Ca Rules of Court Rule 1295.11) made available to them pursuant to Ca Fam § 2406. [Ca Fam § 2400(a)(11)]
1) Dissolution desired: The parties desire that the court dissolve their marriage. [Ca Fam § 2400(a)(12)]
Good luck to you.
IAAL
