Can I get an annulment even after my wife was granted the divorce?

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Can I get an annulment even after my wife was granted the divorce?

My contention is that my ex “fraudulently” entered into marriage with me for the following reasons only: to get a visa to the US to obtain a US citizenship to help her family members migrate to the US; to get a masters degree to get a better job because of that degree and not need my financial support. As soon as she accomplished all this (right after she got the better job) she dumped me and the last 12 years of our marriage we did not have a normal husband and wife relationship (no sexual contact). I came to realize the extent of this fraud 44 months ago – within the 4 year statute of limitations. Will an annulment wipe out our settlement agreement? 

Asked on August 6, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An annulment and a divorce are two separate proceedings. A divorce proceeding is to have the court declare that a valid marriage is over. An annulment proceeding is to have the court declare that a valid marriage never occurred.

You cannot have an anulment and a divorce decree. The court decree is one or the other in California, not both.

If your wife has been granted a divorce decree concerning your marriage in California and the time to appeal this divorce decree has passed, the court has ruled conclusively that you and your former wife entered into a valid marriage.

As a result of this decree of dissolution, you cannot now file a petition to annul your marriage with your former wife.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An annulment and a divorce are two separate proceedings. A divorce proceeding is to have the court declare that a valid marriage is over. An annulment proceeding is to have the court declare that a valid marriage never occurred.

You cannot have an anulment and a divorce decree. The court decree is one or the other in California, not both.

If your wife has been granted a divorce decree concerning your marriage in California and the time to appeal this divorce decree has passed, the court has ruled conclusively that you and your former wife entered into a valid marriage.

As a result of this decree of dissolution, you cannot now file a petition to annul your marriage with your former wife.


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