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

Asked over 1 year ago - 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. Nadine Marie Jett

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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.... more
  3. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. Tobie Brina Waxman

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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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