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 voice message. All of Mr. West's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question. Mr. West's responses are provided for educational purposes of the public, not any specific individual, and his response to the question above is not legal advice. Mr. West's response does not create an attorney-client relationship. Mr. West is licensed to practice law in Tennessee. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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.
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 and circumstances relating to the specific person(s) and situations involved. You should always consult with a local attorney prior to making any legal decision. This response does not constitute legal advice, nor does it create an attorney/client relationship. For specific information regarding your case, call my office at 219-661-0807 to schedule a consultation.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.