Do divorce papers have to be filed within the first year of a marrige to qualify for an annulment?

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Do divorce papers have to be filed within the first year of a marrige to qualify for an annulment?

I married a foreign man whose visa was expiring in 4 months. The relationship did not work out and we split up. I would like to get this marriage annuled; we each live in different states,

Asked on July 31, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A marital dissolution petition and a petition for an annulment are entirely two different legal proceeding with different requests to be determined by the court. The former is a determination that the marriage is over. The latter is that there was never a marriage.

A petition for an annulment can be filed at any point in time of the presumed marriage. I suggest that you consult with a family law attorney about your matter for further assistance and guidance.


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