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Will I get my annulment if the defendant has not answered the complaint of annulment?

Arlington, VA |

I have filed complaint of annulment under sham marriage and the defendant has not answered the complaint, did not show up for trial conference, did not answer and return the admission of guilt letter from my lawyer, and did not show up to the deposition. Do not know if the defendant will be at the trial.

Defendant came to the United States 6 months ago and got a job within two weeks of coming to the country and have taken steps to enroll in school but have not answered the complaint of annulment.

I got a divorce lawyer within a week of the defendant coming to the United States and filed the complaint of annulment within 1 1/2 months of the defendant's arrival to the country.

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Attorney answers 1


Unfortunately a party to a divorce or annulment can never be in "default", which means his failure to participate never puts him at a legal disadvantage.

Typically a court will let you proceed with your suit, but you have to take special steps. Some court will permit you proceed if each notice and document is served on the other party - not simply mailed, but served by a sheriff or a private process server. That way the court knows that the other party has real notice of the proceedings.

You can also call the law clerk for the judge who is assigned to the case. If there are any procedures to be followed, the law clerk can advise you of them.


The above is solely for informational purposes and does not create an attorney client relationship.

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