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

Asked over 1 year ago - 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. Donald Frederick Conviser

    Contributor Level 19

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    Answered . 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... more
  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Getting an Annulment

Under certain conditions, a marriage may be annulled. An annulment retroactively makes it as if the marriage never existed.

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