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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

Posted

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.

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Posted

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.

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Posted

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.

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Posted

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

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