How do I get an anulment from someone who was already married? 19 Answers as of July 03, 2013I got married and then he left 2 days later, because I found out he is still married and he is bi polar manic. He changed his phone number 3 weeks ago. I want an annulment and need help figuring out how to pay for it. What can I do? Isn't this a crime? He married me and he is still married? The lawyer is costing me a lot of money and I don't have it. I have to pay rent and van payments and I have three kids.
Reeves Law Firm, P.C. | Roy L. Reeves
Filing Fee is $289, service will cost $75, and the documentation takes about 2 hours of legal prep. This could be done, for about $750 total cost. Annulment, is generally a pain in the tail and next to impossible. However, your marriage is void as a matter of law - not legal - therefore annulment is proper and easy. You could file a Declaratory Action seeking a declaration the marriage is void as a matter of law and therefore the ceremony is annulled. The benefit is that he will be ordered to pay the cost. Problem is, will he pay it, or simply refuse to reimburse you the cost. We can get the same relief (order he pay) in an annulment, the problem again being getting the money from him. If you have access to a joint account, use that money and pay for it, then have the lawyer declare him liable for the cost. At least that way he has already paid some of it, but only if this is an account you legitimately have access to and has his money in it. Annulment starts and ends just like a divorce, the difference is a legal one. In a divorce, you have been married before. In an Annulment, it nullifies the marriage and therefore you have never been married before (at least never had this marriage). It is purely a legal distinction and it does have some religious ramifications for some people. As far as paperwork and things like that are concerned, the legal process is very similar except a divorce has a 60 day wait period, an annulment does not.
Answer Applies to: Texas
The Law Offices of Seth D. Schraier | Seth D. Schraier
The grounds for an annulment are contained in Domestic Relations Law Sections 5, 6, and 7, with DRL 140 providing additional factors for some of the grounds. For all annulments, the standard of proof required is much higher than that of a divorce; Domestic Relations Law 144 requires that evidence to be corroborated. Void marriages are those marriages which can never be legitimized. Nor do they technically need to be annulled as they are not valid marriages, although it is wise to do so. When a prior spouse is living and the marriage has not been dissolved, any subsequent marriage is void. DRL 6, DRL 140(a) . Domestic Relations Law 6(1) reference to why the marriage was dissolved is a holdover from pre 1965 laws, which used to contain restrictions on remarriage following a divorce based on adultery. This provision has no effect whatsoever under current law. NY will not recognize a bigamous marriage under any circumstances. DRL 140 allows the following parties to bring an action to declare a marriage void husband and wife, during their lifetime of the other spouse, or by a former spouse.
Answer Applies to: New York
Law Office of James Bordonaro | James Albert Bordonaro
You need to file a petition for annulment. The marriage may be either void or voidable depending on the exact facts and timing. There is a big difference between the two concepts. If void, it may not be necessary to get an annulment because the marriage was never valid. If voidable, then the marriage is considered valid until overturned by the courts.
Answer Applies to: Kansas
Law Offices of Arlene D. Kock | Arlene D. Kock
Your marriage seems invalid since your “husband" never ended his first marriage. Please talk further with your existing attorney to get a better understanding of how counsel intends to proceed on your behalf.
Answer Applies to: California
Willick Law Group | Marshal S. Willick
Yes, getting married while already married to another makes the second marriage void automatically (you do not actually have to do ANYTHING in court, unless you are trying to divide property, seek reimbursement, etc., although many choose to in order to have a "paper trail"), and is itself a crime. The second marriage was "void ab initio."
Answer Applies to: Nevada
Law Office of Michael W. Bugni | Jay W. Neff
First, there is no such thing in Washington as an annulment. There is, however, a declaration of validity/invalidity. This Is a very narrow statute. However, you are in luck. You are one of the few people to have asked me about "annulments" that actually falls into one of the categories specified by the statute. So, probably what you need is a summons and declaration for invalidity. Those documents, among others, have to be filed with the court and served on the other side. Also, since is sounds like the other side has run off, you are going to have to jump through the hoops necessary to get a court order allowing you to serve by publication. In terms of paying for the process, I don't know that I can be much help there. There is, through the bar association, a moderate means program. This program sets people up with attorneys that are going to charge less than full fare. However, there are a few other costs also. One is the clerk's filing fee. It may be possible to get that waived if you are poor enough. In terms of the cost of publication, you are pretty much stuck having to pay that. As to whether your "spouse's" actions are a crime: They may be. However, I have a hard time imagining that any prosecutor would take much of an interest in it. I suspect that they are more than busy enough chasing murders, rapists, drug dealers, etc.
Answer Applies to: Washington
Reza Athari & Associates, PLLC | Seth L. Reszko
As you have already retained the services of a lawyer, your questions should be directed to the lawyer whom you are paying to have your questions answered. Notwithstanding, an annulment is the proper course if he was still married. While bigamy is a crime in Nevada, it is not a crime that is generally prosecuted in this state. Even if he moved out, while it might be more difficult to locate him, you will be able to still file for the annulment. The State of Nevada offers Self-Help Forms in the Family Court.
Answer Applies to: Nevada
AyerHoffman, LLP | Cara Lee Thompson
Bigamy or plural marriage is grounds for an annulment. It may be worth a trip to your local family court to obtain the proper paperwork to file for annulment. Perhaps you should also consult with a legal aid attorney on this matter, if you qualify for services from same. You will however, have to have your current attorney withdraw from the case prior to having another attorney work on your case.
Answer Applies to: Massachusetts
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, first, it is a crime,known as bigamy and there is a law against it. You may be able to contact the police and/or the District Attorneys office and insist upon him being arrested for committing bigamy. That way, you may be able to get Restitution out of him to pay for the annulment. However, because he was already married at the time he "married" you, it means the second marriage is "Void ab initio" meaning since he was already married, he could not become married to you, so it is a void marriage on its face. In other words its a nullity and you may not even require an annulment to void what is already a void marriage.
Answer Applies to: New York