For an annulment, how can I prove my husband is still married in another country?

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For an annulment, how can I prove my husband is still married in another country?

I am filing for an annulment due to the fact that my husband is still married in another country. What is required for proof of this marraige? I don’t think I am able to get their marraige certificate. I may be able to get him to write an affidavit if he will not be criminally punished for bigamy (I should also mention that he is an immigrant who has overstayed his visa.) If he did get in “trouble” with the INS, what is likely to be his punishment?

Asked on July 10, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you wish to obtain an anulment from your husband but cannot obtain his marriage certificate yet from the woman he is married to, I would simply ask him where he was married in order to try and get a copy of the marriage certificate for your pruposes.

Another option is to have him sign a declaration under the penalty of perjury that he was married to someone else and was never divorced.

If not, you simply file your petition for an annulment in your county court house and have him defend the action.

If you are successful in getting an anulment or a divorce from him via a court order, then there is a good chance that he would be subject to deportation since he has overstayed his visa and would no longer be legally in this country and subject to deportation by the immigration and naturalization service. I suggest that you consult with a family law attorney to assist you in your matter.


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