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  1. #1
    Join Date
    Dec 2014
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    104

    Post Can You Get an Annulment of a Marriage to an Overseas Spouse

    My question involves a marriage in the state of:New Jersey

    I got married to my ex-wife 8 years ago in foreign country and she never came to live with me in USA. Instead she remarried someone without obtaining divorce from me. Hence leaving me hanging with legal binding. I want to move on with my life as well and marry someone in foreign country. I want to know whether i should pursue uncontested annulment or divorce ? Which one would be quicker ? I have photographic proof to prove that my wife has married someone else. I would appreciate any advice.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,670

    Default Re: Annulment

    A divorce you can have for the asking. An annulment you have to prove stuff.

    You can probably find divorce forms and instruction on your local family court website.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,067

    Default Re: Annulment

    Quote Quoting jon84dwk
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    I want to know whether i should pursue uncontested annulment or divorce ?
    Nothing in your post suggests any basis for an annulment, and whether an annulment or a divorce is or isn't uncontested isn't something you get to decide.

    Quote Quoting jon84dwk
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    Which one would be quicker ?
    You'll have to discuss that with a family law attorney who practices in the county where you live.

    Quote Quoting jon84dwk
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    I have photographic proof to prove that my wife has married someone else.
    I'm not sure how you could have "photographic proof" of that, but evidence that she married someone else will be useful under the circumstances and given that your state of residence is a terrible state for this sort of thing.

  4. #4
    Join Date
    Sep 2005
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    98,830

    Default Re: Can You Get an Annulment of a Marriage to an Overseas Spouse

    Quote Quoting jon84dwk
    View Post
    Which one would be quicker?
    If you do not have valid grounds for an annulment, then your simpler path is to proceed with a divorce. You have not yet identified a legal basis to obtain an annulment. If you cannot lay a proper factual basis, even if your spouse defaults you should expect that the court will find that you have not made a proper case and instruct you to file for divorce.

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