How to get annulment/divorced residing overseas

[Siimba 1]

Hi, 

.

So me and my wife are going separate ways after being married for more then a year. Even if we are on the NVC phase finally it's just done deal.

 

So I'm not sure how to go about it. 

 

So I live in Europe.

She is working in Salt Lake city at the moment but is a resident of Hawaii I think.

We got married in Alaska.

 

She wants to get a annulment/void on the marriage instead of divorce as she doesn't want to be reminded of it in the future when ticking in stuff on paperwork or whatever, being divorced or something like that she said.

 

What is the proper way go about it? What is the easiest and cheapest and less hassle way to go? I really don't want to pay tons of money for a unessesary lawyer...

 

Kind Regards

[user555 196]

You need a family law lawyer or you need to do some research on other sites. This is a visa DIY site. For an annulment, you need to prove some specific things that are different from a divorce. You can only get an annulment if there was fraud, bigamy, mental illness, no consummation of the marriage, one party was a minor, etc. 

[Duke & Marie 1,389]

I think you’ll require a divorce, annulment will be difficult to obtain given you’ve already been/going through a process that is attempting to prove the marriage is legitimate.. unless of course she accuses you of marrying for other reasons...

 

I suggest you get in first and serve her divorce papers, before your possibly made out to be a bad guy with fraud allegation... Go see a lawyer.

 

 

Edited December 21, 2019 by Duke & Marie

[debbiedoo 2,339]

annulment is not an option. you have a very limited amount of time to do that.

 

you dont know which state she lives in? mmmkay then.

 

you may need a lawyer but maybe not. not sure if you can initiate from UK but she certainly can from the states. with any luck, all she will need to do is complete the forms and take them to the courthouse. the fees for this can vary widely. she can file from whatever state she lives in. her residency or where the marriage occurred does not matter. separation and divorce laws vary from state to state, so there may be a waiting period, or it may be granted very quickly. for example, texas only has a few months, north carolina you have to wait a year from filing to be divorced.

[Siimba 1]

2 minutes ago, debbiedoo said:

annulment is not an option. you have a very limited amount of time to do that.

 

you dont know which state she lives in? mmmkay then.

 

you may need a lawyer but maybe not. not sure if you can initiate from UK but she certainly can from the states. with any luck, all she will need to do is complete the forms and take them to the courthouse. the fees for this can vary widely. she can file from whatever state she lives in. her residency or where the marriage occurred does not matter. separation and divorce laws vary from state to state, so there may be a waiting period, or it may be granted very quickly. for example, texas only has a few months, north carolina you have to wait a year from filing to be divorced.

Well she works in Utah at the moment. Seasonally jobs, but I think her “resident” state is Hawaii still 

[Siimba 1]

I’m also confused with it saying in Utah exempel she needs be a resident there for atleast 3 months before you can apply for a divorce.. she only been there for 1,5 months 

 

like we just agree on it all and just want to get this done as fast as possible. So where is it we should then apply for it if the state makes us wait that long? 

 

Feels such a complicated thing in this country.. 

[Lemonslice 4,852]

32 minutes ago, Siimba said:

I’m also confused with it saying in Utah exempel she needs be a resident there for atleast 3 months before you can apply for a divorce.. she only been there for 1,5 months 

 

like we just agree on it all and just want to get this done as fast as possible. So where is it we should then apply for it if the state makes us wait that long? 

 

Feels such a complicated thing in this country.. 

Might be faster/easier for you to file in your country of residence. No obligation to do it in the US.

 

If she's set on asking for an annulment, tell her to find a lawyer and get started asap, or you'll be filling on your side by a deadline.

[geowrian 22,337]

She can start the process where she resides once she meets their residency requirement. Or you can do so where you reside if you prefer.

Residency is generally required so that people don't just visit somewhere with a more favorable process, as well as obviously being able to best determine how to dissolve the marriage, including any assets.

 

Annulment seems very unlikely in this case...at least in terms of doing it via the US. There must be a specific reason to get an annulment...not a personal preference. An annulment generally implies that the marriage was never valid  -such as one party being unable to properly enter the marriage (bigamy, violation of law, mental condition, etc.), that the marriage itself was done so fraudulently, etc. The judge will need to make that determination based upon the evidence presented to them. they don't usually take it lightly.

A good lawyer would be highly suggested if pursuing that option.

 

If she wants the annulment so bad, let her get the attorney and go for it. A divorce makes more sense.

Divorce is (almost) never easy, but she needs to suck it up if she's scared of having to fill out a checkbox on some papers a few times in her life. I don't, think she realizes that the annulment process alone is going to be much more of a mental strain than some occasional paperwork.

[Boiler 45,527]

The easiest cheapest way is for you to let her get on with it an sign the papers, just make sure you read them first before signing.

 

If she wants an annulment and you have no issues just let her get on with it.

[Siimba 1]

Ye having try look into annulment it just looks a real pain in the ###. I hope she can just suck it up at the end.

 

So I’m from Sweden, and looking from this side it looks like it needs to be done from the US side, I can’t find anything in the system that allows me to start the progress.

[Sarge2155 4,587]

1 hour ago, Siimba said:

Ye having try look into annulment it just looks a real pain in the ###. I hope she can just suck it up at the end.

 

So I’m from Sweden, and looking from this side it looks like it needs to be done from the US side, I can’t find anything in the system that allows me to start the progress.

Then there is your answer, let her get on it. If she is so inclined to get an annulment tell her have at it. In either case annulment or divorce you'll have to wait on her since you can not file in your country as you said.

[JeanneAdil 6,511]

where did you marry?

may be easier to do this from Morocco if you married there as US is expensive and cheaper in Morocco

you can divorce in just a few weeks if you have proof you paid the dowery

 

and do you actually have an address to send paper work to 

only month and a half in Utah doesn't give her permanent residency there to file for divorce

and flying back to Hawaii and quitting her job and getting a lawyer there may be more than she can do at this time

 

so,  see the judge in morocco and prove the dowery is paid (should have been one of the questions asked of her for the marriage document)

this can happen fast in Morocco 

[Boiler 45,527]

I am sure the OP can divorce the issue is Annulment which the Swedes may not have.

[EM_Vandaveer 2,408]

8 minutes ago, JeanneAdil said:

where did you marry?

may be easier to do this from Morocco if you married there as US is expensive and cheaper in Morocco

you can divorce in just a few weeks if you have proof you paid the dowery

 

and do you actually have an address to send paper work to 

only month and a half in Utah doesn't give her permanent residency there to file for divorce

and flying back to Hawaii and quitting her job and getting a lawyer there may be more than she can do at this time

 

so,  see the judge in morocco and prove the dowery is paid (should have been one of the questions asked of her for the marriage document)

this can happen fast in Morocco 

OP is in Sweden so I doubt Morocco’s divorce process has any bearing on OP’s situation....

[portorusa 431]

15 hours ago, Siimba said:

 

She wants to get a annulment/void on the marriage instead of divorce as she doesn't want to be reminded of it in the future when ticking in stuff on paperwork

Oh how she is mistaken in believing that an annulment eradicates the fact of the marriage. The U.S. government counts every marriage, no matter the outcome, and she will be reminded of it, annulment or not.