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

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

Posted

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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Posted

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

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Posted

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.

If this information has been helpful, please check the thumbs up tab below. Disclaimer: The above is intended to give you some insight into various legal topics. This information is not intended as legal advice, but rather an attempt to provide helpful topical information. Please consult a lawyer as to the specific circumstances of your case. Again, this is not to be considered legal advice nor does an attorney-client relationship exist. If there are more facts that you overlooked and did not include in your initial question and you would like to email me, you may send an email to stevefahlgren@gmail.com. Steven M. Fahlgren Attorney, Arbitrator and Certified Circuit Civil Mediator Law Offices of Steven M. Fahlgren, P.A. Phone: (904) 845-2255 Phone: (407) 852-1711 www.ForTheConsumer.com www.FahlgrenLaw.com www.SteveFahlgren.com

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Asker

Posted

If so would I be able to get a divorce without it taking long and costing much?

Steven Michael Fahlgren

Steven Michael Fahlgren

Posted

It would probably cost in the neighborhood of $1,500 plus costs if it is uncontested and, if so, the biggest delay would probably be in finding your wife and serving her with the petition. However, it is relatively easy to find people with services such as accurint, etc.

Posted

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.

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Posted

i looked myself up in the county clerk of courts online and the only thing that came up was a marriage license but i couldn't view it. I've had kids since then with someone else and now its difficult for my new relationship and want to put this behind me.

Carolyn Mae Gramlich

Carolyn Mae Gramlich

Posted

You should hire a lawyer to file a Dissolution of Marriage Petition since you have already moved on with your life. A lawyer will assist you with an investigation regarding a dissolution action that may have been filed by your wife somewhere else. Good luck!

Posted

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.

The answers given by this attorney are for educational and information purposes only and do not constitute legal advice, nor are they intended to create attorney/client relationship. You should seek legal counsel in your area to get legal advice concerning your particular circumstances.

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