California Annulment Questionnaire

State:
Multi-State
Control #:
US-Q1002
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an annulment matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Legal reasons a judge can annul a marriage You were under 18 at the time of the marriage. You were tricked into the marriage (fraud) You didn't have the mental capacity to marry (unsound mind) One of you is physically unable to consummate marriage. One of you is still married to someone who you thought was dead, but isn't.

Record information for divorce filings is available at the Los Angeles Superior Court where the divorce was filed. If the Superior Court location is not known, information can be obtained at the County Courthouse by calling at (213) 830-0803 or going to 111 North Hill St., Los Angeles, CA 90012.

You just need to live in California when you file. No 6-month waiting period: Unlike in a divorce, you do not need to wait 6 months after your spouse was served papers for the case to be finished and go back to being single. When the court completes your final papers (your judgment), you are single.

Grounds for Requesting an Annulment in California The person requesting the annulment was not eighteen years old at the time of the marriage. Either spouse perpetrated a fraud to obtain the other party's consent to marriage. The fraud has to go to the heart, or essence, of the marriage.

You have two choices when responding to the annulment papers: File an Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. ... File an Answer with a Counterclaim.

Technically, after an annulment, the marriage never took place, making it especially hard to trace its records. However, the petition to get an annulment and the order granting the annulment are both still judicial proceedings, which are a matter of public record.

You just need to live in California when you file. No 6-month waiting period: Unlike in a divorce, you do not need to wait 6 months after your spouse was served papers for the case to be finished and go back to being single. When the court completes your final papers (your judgment), you are single.

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California Annulment Questionnaire