Can I get an annulment or a divorce without my partners consent?

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Can I get an annulment or a divorce without my partners consent?

I got married in a different country and then I
moved to USA by myself. I have never met my
legal partner since then and we don’t even
speak with each other. It has been 2 years
now.

Is there a way I can end this marriage without
me going back to the country I got married at?

Asked on August 27, 2019 under Family Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you can seek a divorce or annulment in the state in which you now reside without going overseas. You will have to "serve" the papers on your partner properly, according to the rules for foreign service, so your partner has notice of them and the chance, if desired, to contest the divorce or annulment. Since out-of-country service is complex, you are advised to retain a family law attorney to help you. You can also ask the lawyer about whether annulment is an option, though it probably is not, based on what you write: annulment is appropriate not when couples grow apart, abandon each other, go their separate ways, etc., but when the marriage was invalid fromt the beginning, such as due to mental illness, one person being underage, bigamy, etc. and you do not mention any of those factors.


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