I filed a divorce petition with my husband of 3 years but he refused to sign the papers as he is embarrassed to tell people, now my case has been dismissed as I did not submit papers signed by him. We have been living separately for last 2 years of our marriage. We have never had any physical relationship as my marriage took place by emotional blackmail by my parents. Seeing my plight my dad has now agreed to let me legally separate from him only if the marriage is annulled as they still not willing to have a divorcee in the family. My husband will not co-operate at all. We don't own anything together. We haven't spoken to each other in 2 years as we live in different countries. Is there a way I can get an annulment and if divorce is the only way, can i get my old case re-started?
You can probably get you prior case reopened. If not, you can simply file a new case, as the dismissal does not bind you to your "husband" for eternity. Sounds like you're eligible for an annulment. If you hire a lawyer, you'll learn that you don't need your "spouse" to sign anything, and you'll likely avoid missteps that cause delay and can result in another inconvenient dismissal.
you are probably way too late to get an annulment. 750 ilcs 5/302.
you may get a divorce without your husband signing anything.
you have to decide if you want to run your life the way you want or the way your dad wants. if the latter, then you must do what he says when he says. if the former, then hire a divorce lawyer to get you divorced.
if your old case was dismissed more than thirty days ago, then you must file a new one.
With all due respect to your culture, your father does not have the legal authority to "permit" you to secure an annulment. Furthermore, you do not qualify for an annulment, formerly known as alimony and it is too late to reopen your old divorce case. (I have furnished the pertinent portion of the statute at the end of my answer.) Please get the courage to hire an attorney and file for divorce again. Your husband need not sign any papers and his embarrassment should not be a consideration. Best wishes to you.
(750 ILCS 5/301) (from Ch. 40, par. 301)
Sec. 301. Declaration of Invalidity - Grounds.) The court shall enter its judgment declaring the invalidity of a marriage (formerly known as annulment) entered into under the following circumstances:
(1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage;
(2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity;
(3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or
(4) the marriage is prohibited.
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It's too late for you to get an annulment. It is also too late for you to reinstate your old divorce case. You will have to start fresh. I encourage you to go and speak with an attorney in your area. Many attorneys do not charge for initial consultations with prospective clients.
Divorce seems like the best option to me. If you want to go that route I highly recommend hiring a lawyer to represent you. You probably need to file a new divorce petition if the old one was dismissed.
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