My husband wants to have our divorce decree changed into an annulment in order to get back his social security pension of childhood disability. Can he do that? Must we first be married again and then get an annulment or can a divorce be turned into an annulment?
A divorce and an annulment are two very distinct causes of action. You cannot legally annul a marriage that has already been dissolved. I don't think getting married with the intent of getting an annulment will do much, but show an intent to defraud. I don't see how that would accomplish what he seeks regardless.
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A final judgment of dissolution of marriage is final, unless there was a timely appeal taken.
This question has been asked pnumerous times, and the answers do not change. You cannot turn a divorce decree into an annulment. .
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Someone asked this question about 30 days ago. All of the lawyer responses were the same; None of us have ever heard of a divorce being converted into an annulment. There are specific statutory grounds (that may vary from state to state), and either you are entitled to an annulment, or you are not. I am practicing 33 years and have yet to see a divorce decree be modified or changed to a decree for annulment.
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