If I didn’t know that my husband was illegal when I married him, should I file for a divorce or an annulment?.

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If I didn’t know that my husband was illegal when I married him, should I file for a divorce or an annulment?.

I found out shorty afterwards that he was using a fake name at work. I have been separated for almost 10 years. He was so into drugs I do not know if he is dead or alive. I don’t know if it would be hard to find out or not. I have no way of tracking him unfortunately.

Asked on August 23, 2010 under Family Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

Generally, annulments are more difficult to obtain that a regular divorce.  And at this stage I would think that you want what is easiest to obtain.  The issue in any legal proceeding is for the court to be able to make a decision as to both parties in the action.  So the person who sues (the Plaintiff or Petitioner) has to serve the papers on the other party (the Defendant or Respondent) according to the laws in your state.  Every state allows a person to serve another they can not find by some means or another.  Most of the time by publication and the court tells you what paper and how many times.  But you need to make an effort to find the other party first (called "due diligence").  I would seek legal help with all of this .  It can be complicated and overwhelming.  Good luck.


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