Am I still married and if so, can I get a divorce without paying a lot of money?

Asked almost 2 years ago - Jacksonville, FL

I got married in 2003 in a courthouse in Jacksonville, FL while serving in the Marines. I was then called by my wife 2 weeks later and she told me she was going to get an anullment because she didn't want to be married for real. I said okay and she said she would take care of it, I haven't heard from her since that phone call and I haven't been able to locate her at all. She has a facebook profile but won't message me back. We never lived together at all! Am I still married and if so, how can I get a divorce without the long court hassles and a lot of money being paid?

Attorney answers (5)

  1. Steven Michael Fahlgren

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . At the very least, check the court records of Duval County to see if a petition for divorce was filed and if so, what came of it. In some cases, substitute service can be perfected but it seems that it would not apply to your case because you were in the service and could have been found.

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  2. Gerald Laverne Wilkerson II

    Contributor Level 10

    2

    Lawyers agree

    Answered . I would be glad to check with the clerk's office and see if she divorced you without your knowledge. If she did it without your knowledge, then the divorce is voidable, meaning that you could contest its validity. I cannot imagine she would have committed fraud on the court, but she could have possibly have had you served via notice of publication. Otherwise, you are still married. I can help you obtain a divorce by serving her with notice of publication also. Please call me for a free consultation, and I would be more than happy to help you.

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  3. Anthony Francis Perrone

    Contributor Level 8

    1

    Lawyer agrees

    Answered . It is possible. I need more information so call me at 904-685-1200 for a free consult.

  4. Carolyn Mae Gramlich

    Contributor Level 7

    1

    Lawyer agrees

    Answered . If a Petition were filed, and you were serving in the marines, I think that it would be difficult for your wife to prove that your whereabouts were unknown to her especially since she contacted you in 2003 to tell you that she wanted an annulment.

    Annulment:
    An annulment is very different from a divorce. After an annulment, it is as though the marriage never legally existed in the first place and a person seeking an annulment must show that the marriage was void when it was entered into. To prove this, your wife would have had to show that one of you was incapable of entering into a marriage contact because of issues such as mental illness, intoxication or an inability to understand what they were doing; that the marriage was never consummated; or that there was a serious miscommunication or misrepresentation between the two of you.

    I agree with my colleague, at a minimum, check the court docket in the county where your wife resided in 2003 and also in the county she now resides in- if you have that information.

  5. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . We do ot know if you are still married. If she knew where you were (ie an address where you resided) and never served you with papers for divorce and/or annullment then you are most likelt still married. You could hire an investigator also.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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