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How to file for marriage annulment when spouse has left and is possibly overseas?

Santa Monica, CA |

My spouse left me and has went back to India (I am guessing). 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. Best answer

    Accord with the prior two responses. I answered another question of yours regarding the same topic, and per your facts, you won't qualify for an annulment. You can file for a divorce here without your spouse's presence, but accomplishing service of process on your spouse will be problematic, especially if you don't know exactly where she is. If your spouse could possibly still be in California, you might be able to accomplish service of process via Publication, but if you know that your spouse has left the USA, especially if she has left permanently, Publication would likely be inappropriate.

    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.


  2. By hiring a divorce attorney in the state where you live.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.


  3. By hiring a divorce attorney in the state where you live.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.


  4. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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