Major help needed.

[jeffwatters65]

Hi, I'm in California.

My best friend has only been married a short time, and his wife is pregnant. She has decided to end the marriage, and has stated that she doesn't want the baby, that she'll have it and give it up. She's a Mexican citizen, and wants to return to Mexico. Is there any possible way for my friend to prevent her from leaving the country, and giving away his baby?

Please help me out. He's in a bad way, and she wants to go to the courthouse today and file anullment papers.

Thanks.

 

[I AM ALWAYS LIABLE]

Hi, I'm in California.

My best friend has only been married a short time, and his wife is pregnant. She has decided to end the marriage, and has stated that she doesn't want the baby, that she'll have it and give it up. She's a Mexican citizen, and wants to return to Mexico. Is there any possible way for my friend to prevent her from leaving the country, and giving away his baby?

Please help me out. He's in a bad way, and she wants to go to the courthouse today and file anullment papers.

Thanks.

My response:

She'll get "Nowhere Fast" with filing for an annulment. Unless there was fraud, or one of the parties was underage, or there was insanity, she can't get an annulment. "Time" or shortness of marriage, is not a ground for Annulment in California. She can, file for a standard divorce (she can't get a Summary Dissolution because she's pregnant).

So, with a standard divorce, your friend can drag this out until she gives birth, and then immediately file for custody.

In the meantime, if she decided to leave for Mexico today, there's nothing your friend can do to stop her. If it is her intent to go home, she's doing herself no favors by sticking around in California waiting for a divorce. Time is her enemy, and is your friend's friend. So, the longer he can keep her in the litigation process during her pregnancy, the better off he'll be.

Good luck.

IAAL