lagtahc said:
I was married in Las Vegas, NV in March 2001.
We both are residents of Los Angeles, CA.
Marraige has gotten bad. Alot of verbal arguing and drinking on his part. I have moved out of his place (1 month now)
Can I file an annulment? or does it have to be divorce?
Whats the time limit for annulment?
In which state do I file?
and how much does it cost? (filing with no lawyer)
My response:
You can file for a Summary Dissolution in Los Angeles, California as long as you've met the 6 month State residency requirement, and the 3 month County residency requirement. There is no time limit for an annulment, but annulment is not an option for you.
Requirements for summary dissolution:
If the parties have been married for five years or less, have no minor children, and have limited assets and liabilities, the use of the "summary dissolution procedure" as provided for in Fam C §§2400–2406 may be the appropriate choice of remedy. Though most actions under the summary dissolution procedures are filed by the parties acting in propria persona, there is no prohibition against attorney involvement. Where an attorney is involved, his or her function normally consists of drafting a dissolution agreement and ensuring that all necessary documents of title are properly executed.
The parties’ community property assets must have a value of less than $25,000, which amount includes any retirement plans or deferred compensation, but does not include any automobiles the parties may own. In addition, neither party may have separate property assets, excluding all encumbrances and automobiles, in excess of $25,000. [Fam C §2400(a)(7)]
The parties must have no minor children, including children born before the marriage, during the marriage, or adopted during the marriage. Further, the wife, to her knowledge, may not be pregnant. [Fam C §2400(a)(3)] Each party must waive spousal support [Fam C §2400(a)(9)], and a written agreement setting forth the division of assets and liabilities must accompany the filing. Further, in the agreement the parties must acknowledge that they have executed all necessary documents to effectuate the agreement. [Fam C §2400(a)(8)]
Procedural requirements:
The proceedings are commenced by the filing of a joint petition on the Judicial Council approved form by the husband and wife executed under penalty of perjury, and the payment of the $194.00 filing fee [Fam C §2401; using Judicial Council Form 1295.10 (joint petition for summary dissolution of marriage)] At least one party to the proceeding must meet the jurisdictional requirements set forth in Fam C §2320. The sole ground for a summary dissolution is irreconcilable differences that have led to the irremedial breakdown of the marriage. [Fam C §2400(a)(2)]
The filing of the petition includes a waiver of the right to appeal or to move for a new trial [Fam C §2400(a)(10)], and includes a request that the marriage be dissolved. [Fam C §2400(a)(12)] The parties must also acknowledge that they have read and understood the summary dissolution brochure that is available through the clerk’s office. [Fam C §2400(a)(11)]
Six months after the filing of the petition, either party may request that the judgment of dissolution of marriage be entered [Fam C §2403], unless one of the parties, prior to that time, has filed with the clerk a notice of revocation, which notice will terminate the proceedings. [Fam C §2402; for Judicial Council Form 1295.20 (Request for Final Judgment on Summary Disloution), using for Judicial Council Form 1295.30 (Notice of Revocation of Petition for Summary Dissolution), see § 2:15]
The marriage will not automatically terminate at the conclusion of the 6-month period. One of the parties must file a request for the entry of judgment in order to terminate the marital status and restore the parties to single persons.
Even though a judgment may be entered, it is subject to a motion to be set aside on equitable grounds, or on a motion under Code of Civil Procedure §473. [Fam C §2405(a)] Further, if the motion to set side shows that the parties did not meet the requirements in Family Code §2400, the court must set aside the judgment as to all matters except those relating to status. [Fam C §2405(a)]
Good luck to you.
IAAL
