If a marriage was never consummated, can it be annulled?

UPDATED: Apr 1, 2011

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If a marriage was never consummated, can it be annulled?

I am a German citizen, and I married an American in 2008 in FL. I moved back to Germany and we’ve been living apart for over a year, without contact to each other. After we got married, he never finished any paperwork which would allow me to live together with him in America. I have tried to get in contact with him numerous times about starting the divorce process, but he refuses to reply. What are the American laws regarding this situation? Is annulment in this situation possible (the marriage was never consummated)? I cannot get in contact with him and can’t go to the U.S.

Asked on April 1, 2011 under Family Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am unsure as to why you cannot go to the United States (all you would need is a visa) but every state is different in terms of divorce laws and laws of annulment. The fact is you have been married to him for 3 years or so so the issue may not simply about not consummating the marriage. In Florida, if he resides there, you may wish to go online and look at the court forms for dissolution of marriage and see if in those forms or any pamphlets the court may have any information on time limits for an annulment. You probably need to talk to the religious figure who married you about whether or not annulment is possible. Florida doesn't appear to have a specific annullment of marriage law per se but you need to find out if your marriage is eligible.

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