Can I get an annulment or a divorce without my partners consent?

UPDATED: Oct 2, 2022

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Can I get an annulment or a divorce without my partners consent?

I got married in a different country and then I
moved to USA by myself. I have never met my
legal partner since then and we don’t even
speak with each other. It has been 2 years

Is there a way I can end this marriage without
me going back to the country I got married at?

Asked on August 27, 2019 under Family Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can seek a divorce or annulment in the state in which you now reside without going overseas. You will have to "serve" the papers on your partner properly, according to the rules for foreign service, so your partner has notice of them and the chance, if desired, to contest the divorce or annulment. Since out-of-country service is complex, you are advised to retain a family law attorney to help you. You can also ask the lawyer about whether annulment is an option, though it probably is not, based on what you write: annulment is appropriate not when couples grow apart, abandon each other, go their separate ways, etc., but when the marriage was invalid fromt the beginning, such as due to mental illness, one person being underage, bigamy, etc. and you do not mention any of those factors.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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