Divorce, separation or anullment what is my best option??

I have being married since january 2002 had a son on janury 2003 but my husband went back home(MX) on june 2004 i have not had no contact with him at all i want to get this issue solved because i need his signature for everything about my son for ex passport and im not able to locate him.what would be my best option…he has never support our kid he is illegal here he doesnt have no papers, so i had worked all the time for my son and me..I want to be able to restart my life and i cant do much being married for 7 1/2 years now

Asked on May 25, 2009 under Family Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to a divorce lawyer in your area.  One place you can look for the attorney you need is our website, http://attorneypages.com

I don't think annulment is an option here, since you were together for more than two years after your marriage and you had a child together, although I can't say it's impossible:  I'm not a Texas attorney, and I don't know if an illegal alien can lawfully get married in your state.  But even without looking at the divorce statute, if he's been completely gone since 2004 you will be able to file for divorce, for either separation or desertion, with no more waiting.

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