How do I file for an annulment?

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How do I file for an annulment?

I found out recently that my husband never divorced his first wife I live in Virginia and he is in another state. We are not together haven’t been together for 3 years do I need an annulment to move on with my life?

Asked on July 15, 2019 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you need an annulment: the annulment will void or invalidate the marriage ab initio, or from the very beginning--as if it never happened. You and he will no longer have any connection legally or financially.
Every state has its own procedural rules for filing cases. The best way to proceed is to contact your county's family law court's clerk office and/or look on the court website: you should be able to get instructions. You will need proof of his marriage, you will need something from the state in which he had been married, confirming that his marriage there is still in good standng (i.e. he married and did not divorce).


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