Married in 1991 while in the Army in NC. I got transferred. We NEVER lived together. There was NO marital relationship at any time. I now live in IN. I have no idea where he is. Possibly Atlanta area. I want to remarry. Problem is, after exhaustive research, I'm fairly certain I'm still married. Can I annul this marriage without his presence or being able to serve him? Can I do it in Indiana even though we were married in NC? Any advice would be most helpful and appreciated.
There are standards in Indiana for an annulment. The two most basic reasons for an annulment would be no consummation of the marriage and/or fraud. If you never lived together and never consummated the marriage you could in theory get an annulment. Most counties in Indiana have separate standards for filling of a divorce or annulment standard. My county requires that the person be a continuous resident for at least 6 months prior to the filing of the dissolution. I am not sure what your standards are, but speaking to an attorney should give you the requirements for your county.
That said, you need to find out where he is living. Generally speaking the Court requires service so that the other party is notified of what your intents are. Your situation is definitely not a normal situation in which you haven't seen or heard from him in years. Again, I would consult with a local attorney in your area and explain the entire situation. Use the find a lawyer tab on the top of the Avvo site to get in contact with a local attorney to help you with this matter.
The information supplied by my office is in no way directed to establish any type of attorney-client relationship. The answers provided are general answers to a question and are not intended to be used for a specific set of circumstances or a particular case. We strongly suggest that anyone who has specific questions regarding their case, should contact a local attorney who is not only familiar with Indiana law but local rules and statutes as well.
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