What is the statue of limitations for annulment in california?
Married in 'jest' - with a stranger- who went back to Europe 3 days later - and never heard from again-
It has been 20 years and I now wish to marry but find this is still legal in Nevada-
I am in California and wish to annull- I found my spouse and she agrees-Do I have to get a divorce due to the time- we never lived together-there are no children or property. It was consumated.
Answered The statute depends on the reasons, as follows:
Age at the time of marriage or domestic partnership: The person who married or entered into a domestic partnership while under 18 must file for annulment within 4 years after reaching 18. (A parent or guardian of the minor can ask for an annulment while the minor is still under 18.)
Prior existing marriage or domestic partnership: An annulment in this case can be filed by either party as long as both parties to the current marriage/partnership are alive, or by the prior existing spouse or domestic partner.
Unsound mind: An annulment in this case can be filed by the party claiming that his or her spouse or domestic partner is of unsound mind, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
Fraud: An annulment on grounds of fraud can only be filed by the person who was deceived. It must be filed within 4 years of discovering the fraud.
Force: An annulment on grounds of force can only be filed by the person who was forced to give consent. It must be filed within 4 years of getting married or registering the domestic partnership.
Physical incapacity: An annulment in this case can be filed by the party claiming that his or her spouse or domestic partner is physically incapacitated. It must be filed within 4 years of getting married or registering the domestic partnership.
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Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.