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How to file for annulment of marriage in spouse's absence in CA?

Santa Monica, CA |

My spouse left me and has went back to India. I am still here and work in CA, US. Can I file for annulment of marriage here in the US without her presence? Will the court recognize it? I know that she isn't coming back etc...

Attorney Answers 4

  1. The grounds for a Nullity or void/voidable marriarage are limited to the following:
    a. incestuous marriage
    b. bigamous marriage
    c. petitioner's age at time of marriage
    d. prior existing marriage
    e. unsound mind
    f. fraud
    g. force
    h. physical incapacity
    You must prove your case.
    Most marriages cannot be annuled. However, you can file for divorce, even if she is gone from CA and US.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.

  2. I agree with Ms. Jett and would only add that you have to serve your spouse with the papers. You should consult with an attorney regarding serving your spouse who is now in India. Once she is validly served, you can proceed whether she responds to the Petition or not.

  3. Not an immigration question. You may want to re-post in family law section.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

  4. I am not in CA, but it seems that even in CA you would not qualify for an annulment.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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