I was wondering about getting an annulment I am a 29 year old woman and I married another woman in 2009 and because it wasn't legal here in Ohio we went to buffalo new York and got married we were only together less than a year after the marriage is this a void marriage because it wasn't legal in Ohio, which is our state of residence, and do I have to file anything and go through any proceedings to be able to consider myself legally single and even consider and possibly remarry. No children nothing owed together haven't spoken in over 6 years. We also never acknowledged the marriage by changing last names or claiming married on taxes or any federal forms or any forma for that matter so the marriage was never even acknowledged on paper in our home state of Ohio
You need to discuss with an attorney. There is too much unknown information to answer on a forum. Call the bar association or look on avvo for a referral.
Answers provided by attorney Thomas Erb Jr. to questions on Avvo DO NOT form an attorney client relationship. Tom is available to represent persons in legal situations for a fee. Only after Tom is retained, or agrees to discuss a matter privately, shall Thomas Erb Jr. be deemed your attorney. Tom answers questions on Avvo only to provide general advice based upon the limited information in the question
If the marriage was legal in New York, then Ohio should recognize it as a valid marriage. I do question how you met the residency requirements for New York? If it was a valid marriage you would be safer to terminate it in Ohio by divorce, dissolution or annulment. Is your partner in agreement and would she consent? You'll need to work with a local attorney familiar with these issues. Usually there are a few attorneys in every city that have had more experience than others.
I agree with both previous answers already provided; each state must provide full faith and credit to what is lawful in another state, in this case, presumably the marriage in NY. Aside from the further inquiry needed as to residency of NY (and thus validity of the marriage), you should consult with legal counsel in your county (who may in turn consult with a NY attorney), and if the NY marriage was lawful, yes, you should go through the legal process to terminate it. Even if the presumption is that the marriage was not lawful in NY, I think it would be wise to have a legal determination of such. Good luck to you.
This answer by Attorney Martin is for general purposes only and does not establish an attorney-client relationship.
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