I was married in the State of Tennessee and reside in Indiana, where do I file for an Annulment or Divorce?

I am unable to find forms on line to file for an Annulment and would prefer that to a Divorce. I need advice on how to have the Annulment filed and where? The basis for the Annulment is fraud; my husband lied to me in order to obtain my financial support under marriage. If I had known the truth, we would have not been married. I need a cost effective remedy as I have poured out enough in regards to my relationship with this man. Please help.

Elkhart, IN -

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Attorney Answers (2)

Thomas Hershal West

Thomas Hershal West

Divorce / Separation Lawyer - Nashville, TN
Answered

I can advise you of Tennessee requirements, not Indiana. To file for divorce in Tennessee, you or your spouse must have been legally resident in Tennessee for the six months before filing the complaint. Otherwise, Tennessee is not an option for you. If you have been legally resident in Elkhart, Indiana, then your husband must currently be a Tennessee resident. Otherwise, you must explore filing for divorce in Elkhart County Superior or Circuit Court, depending on what your county's courts require.

With regard to annulment, in Tennessee, that is very hard to establish and get. It is unlikely your circumstances will be sufficient for an annulment to be granted in Tennessee. As for Indiana, I have no idea. I suspect divorce will be your best bet.

If your circumstances support a Tennessee divorce, you should consult a Tennessee family attorney to help you file here. If not, you may need to consult an Indiana family law attorney to help you file there. Good luck!

Mr. West may be reached at 615-889-1051 during regular business hours. If he is not available, please leave a... more
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Lynda Heather Leblanc

Lynda Heather Leblanc

Divorce / Separation Lawyer - Crown Point, IN
Answered

Indiana has the same jurisdiction requirements as TN. You must be a resident of the state for 6 months and a resident of the county for 60 days. You would use the dissolution forms, just change the word dissolution to annulment. Fraud is a difficult thing to prove. You should contact a local attorney and discuss exactly how your husband lied. If he promised to get a job and never did, then that is probably not enough for an annulment.

In the forms you would also replace the irreconcilable differences with language pertaining to the fraud perpetrated.

In Indiana, continuing to cohabitate after you found out about the fraud is a defense to the annulment.

IC 31-11-10-2
Action by victim of fraud; defense
Sec. 2. (a) This section applies to a marriage that is voidable under IC 31-11-9-3 on the ground that the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.
(b) The alleged victim of fraud described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.
(c) It is a defense in an action brought under this section that, after the discovery of the alleged fraud, the alleged victim continued to cohabit with the other party to the marriage.
As added by P.L.1-1997, SEC.3.

REMEMBER, my answer to your question is for general informational purposes only, as I do not know all the facts... more

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Divorce

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

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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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