Can I get an annulment without her consent?

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Can I get an annulment without her consent?

Hi, I have recently got married November 29th, 2016 with a non us citizen. Things
have not been working out and continues to fall downhill. Would I be able to go
to court to get an annulment without her being present?

Asked on April 4, 2017 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

"Not working out" is not grounds for annulment. An annulment can only be obtained for a few specific reasons that essentially invalidate the marriage from the very begininning: one spouse being mentally incompetent; one spouse being legal age to marry; one spouse lying about something core to the reasons people marry, like the ability to have children; etc. But a marriage not working out will not let you annul a marriage. It is grounds to divorce her, however. You cannot divorce someone without at least providing them the proper legal notice and giving them a chance to respond--you can definitely get divorced, but she has a chance to participate in the process, such as in regards to spousal support, splitting up any assets or money, etc. You are advised to retain a divorce attorney to help you with this process.


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