The Question:
My father is in a pickle. He met this lady from Mexico and she made a deal with him because he’s very old and needed somebody to care for him. She promised that if she married him she would care for him. They have been married two years now and he’s only seen her maybe a handful of times. She disappeared back to Mexico doesn’t talk to him anymore. What can we do for my dad?
RJ Says:
You and your Dad have options, which can include both annulment options or divorce options, even if you don’t know where she is.
If he is interested in annulment (which can never be guaranteed), we would want to file sooner than later. He certainly has the right to try an annulment. The main concern is the amount of time that has passed. However, the worst-case scenario is simply that the Annulment matter would be converted to a Dissolution matter.
Whether he proceeds by divorce or annulment CAN impact the division of property and debt that was accumulated during the marriage. If the marriage is annulled, there is a different division than if the marriage is dissolved, since no “community property” is accumulated if the marriage is annulled. SO, it is of course wise to consider the financial impact of proceeding in one manner versus another.
If he is OK with divorce, then timing can still be important to minimize community property issues and community debt issues.