Monday, May 16, 2011

IF MY HUSBAND FILED FOR ANNULMENT, CAN I REQUEST A DIVORCE?

QUESTION: My husband filed for an annulment but I want our marriage to be dissolved. What should I do?

ANSWER: Timely file and serve by mail a Response on form FL-120 requesting a Dissolution of Marriage.

Someone other than you, over the age of 18 will need to do the service and sign a proof of service which will need to be attached to the Response before it can be filed.

If your husband filed only for an annulment, unless he can prove that you defrauded him into entering the marriage, it is unlikely that he will be able to annul the marriage.

Unless your husband also checked the box for Dissolution of Marriage on his Petition, he would have to start the process over from the beginning if the Court denies his request to annul the marriage.

By responding to his Petition for Annulment with a Response requesting Dissolution of Marriage, you can proceed to dissolve the marriage in the same case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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