How do I know wether to file for a divorce or an annulment?

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How do I know wether to file for a divorce or an annulment?

I am a Canadian citizen and my husband is a US citizen. We got married in Toronto almost 1 1/2 years ago; we both agree that the marriage is over. We have no children and it turns out that our marriage is noti registered in the US or Canada but we do have a marriage certificate. So wanted to know what I would file for since the marriage is not even registered?

Asked on May 4, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no requirement that a marriage that takes place legally outside the United States be registered here in the Untied States, although when getting a divorce it is a good idea to enclose a copy of the license with your papers. It is much more difficult to annul a marriage than get a divorce.  If you are living in the US you should file in the state in which you reside and make sure that you meet the residenct requirements.  Good luck.


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