Anulment or Divorce?

I have made the worse mistake of my life. Can I fix it? I got married to my then boyfriend while he was in custody at jail in Northern California. He told me at that time he would be going to court in the next few months and would be then released. It is now 3 years later and still no trial but the charges have since increased which will likely land him on death row or in jail for life. I have not spoken to him in about 2 years but, I know the outcome for me either way. I would like to get an anulment but has to much time gone by? Since this marriage we have had No physical contact(sex) because He has been in custody ever since he got arrested 3 years ago, and very little verbal contact. We share no children nor property or ownership of any kind. Is an anulment possible or can I only file for a divorce? If I can only file for a divorce and hopes for his signature at this time are unlikely how what can I do and how long will it take. I hope to be freed of this disaster without starting 2005 with the same legal document tied to me. can you point me in the right direction.

Go get yourself an annulment package. Sometimes you can download these free forms from your supreme courts web site. If you can't find the annulment form I'd use white out on the dissolution part and write in annulment. An annulment will require the same paperwork and time as a dissolution (divorce). Try to explain to the court in the petition for annulment why you feel he decieved you. If the court tells you can't get an annulment you can modify it to a Petition for Dissolution.

Official information:

An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" because:

• of force, fraud, or physical or mental incapacity;
• one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or
• one of the spouses or partners was already married or in a registered domestic partnership.

Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge.

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