We do ot know if you are still married. If she knew where you were (ie an address where you resided) and never served you with papers for divorce and/or annullment then you are most likelt still married. You could hire an investigator also.
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At the very least, check the court records of Duval County to see if a petition for divorce was filed and if so, what came of it. In some cases, substitute service can be perfected but it seems that it would not apply to your case because you were in the service and could have been found.
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If a Petition were filed, and you were serving in the marines, I think that it would be difficult for your wife to prove that your whereabouts were unknown to her especially since she contacted you in 2003 to tell you that she wanted an annulment.
An annulment is very different from a divorce. After an annulment, it is as though the marriage never legally existed in the first place and a person seeking an annulment must show that the marriage was void when it was entered into. To prove this, your wife would have had to show that one of you was incapable of entering into a marriage contact because of issues such as mental illness, intoxication or an inability to understand what they were doing; that the marriage was never consummated; or that there was a serious miscommunication or misrepresentation between the two of you.
I agree with my colleague, at a minimum, check the court docket in the county where your wife resided in 2003 and also in the county she now resides in- if you have that information.
I would be glad to check with the clerk's office and see if she divorced you without your knowledge. If she did it without your knowledge, then the divorce is voidable, meaning that you could contest its validity. I cannot imagine she would have committed fraud on the court, but she could have possibly have had you served via notice of publication. Otherwise, you are still married. I can help you obtain a divorce by serving her with notice of publication also. Please call me for a free consultation, and I would be more than happy to help you.
The answers given by this attorney are for educational and information purposes only and do not constitute legal advice, nor are they intended to create attorney/client relationship. You should seek legal counsel in your area to get legal advice concerning your particular circumstances.
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