Can I get an annulment without her consent?

UPDATED: Sep 30, 2022

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Can I get an annulment without her consent?

Hi, I have recently got married November 29th, 2016 with a non us citizen. Things
have not been working out and continues to fall downhill. Would I be able to go
to court to get an annulment without her being present?

Asked on April 4, 2017 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

"Not working out" is not grounds for annulment. An annulment can only be obtained for a few specific reasons that essentially invalidate the marriage from the very begininning: one spouse being mentally incompetent; one spouse being legal age to marry; one spouse lying about something core to the reasons people marry, like the ability to have children; etc. But a marriage not working out will not let you annul a marriage. It is grounds to divorce her, however. You cannot divorce someone without at least providing them the proper legal notice and giving them a chance to respond--you can definitely get divorced, but she has a chance to participate in the process, such as in regards to spousal support, splitting up any assets or money, etc. You are advised to retain a divorce attorney to help you with this process.

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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