When is annulment possible.

A

Azzie123

New Member
Jurisdiction
Alabama
We were married in Jamaica, and 2 days after returning to the states, my husband left me. The marriage was never registered in the states. Can we just have a simple annulment.
I live in Colorado and he returned to Alabama and filed for a divorce.
 
The marriage doesn't have to be registered in the States. If it was a legal Jamaican marriage, it will work in the US.

Just take the divorce. Annulments are rarely easier than a divorce. Plus, there is this:
In Alabama, there are only six grounds under which you can get an annulment:
  • If one spouse entered the marriage fraudulently;
  • if one spouse was underage;
  • if one spouse agreed to the marriage under duress;
  • if the relationship is incestuous;
  • if either spouse did not have the mental capacity to agree to marriage; or
  • if one spouse was already married to another person at the time of the marriage.
Go here
and look for these two Code sections: Code of Alabama 13A-13-1: Bigamy; Code of Alabama 30-1-3, et seq.

If either party has lived in Alabama long enough to establish residency, then they can file there. Plus, it's going to be less expensive for you than a Colorado divorce.
 
Azzie123 said:
We were married in Jamaica, and 2 days after returning to the states, my husband left me. The marriage was never registered in the states. Can we just have a simple annulment.
I live in Colorado and he returned to Alabama and filed for a divorce.
Click to expand...


Was the Jamaican marriage properly registered in Jamaica?

After the Ceremony
Immediately following the ceremony, you are given a copy of the Marriage Register which shows proof of marriage. This is signed by the Marriage Officer, yourselves and your witnesses. (Don't worry; you don't have to bring your own with you!)

Important: The copy of the Marriage Register that you receive on the day of your wedding is NOT a legal document and as such cannot be used to conduct any business! You must obtain a certified copy of your marriage certificate.


Certified Copy of Marriage Certificate
The Marriage Certificate may be applied for by the Marriage Officer and takes between 7 working days to one (1) month to be processed by the Registrar General's Department (Registry of births, deaths and marriages) whose address appears above. You may apply for it yourself and there is an express service available. Please ask your Marriage Officer or the Hotel wedding coordinator about this service when you make initial contact and make your payments.


Important: Your country may require that in order for your marriage certificate to be accepted, the document must be legalised. In such cases, please contact the Embassy which represents your Government in Jamaica to have this done. The Hotel or Marriage Officer can assist you in this regard. If your country does not have an Embassy or Consulate in Jamaica, please find out from the Ministry of Foreign (External) Affairs of your country how you can get your certificate legalised.

Only after being legalised by your Embassy or Consulate is the marriage process in Jamaica complete and your marriage will be recognised as a legal union in your country of origin.

Bottom line, you may NOT need to divorce, IF you didn't do as described ABOVE.
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Getting Married in Jamaica | Consulate General of Jamaica - Miami
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Azzie123 said:
he returned to Alabama and filed for a divorce.
Click to expand...

Then let it happen. You have no assets to divide. Right? You have no children begat by the two of you. Right?

All you need to do is accept service of his petition and let him get the divorce by default and you'll be free.

Just make sure, when it's all over, you get copies of the divorce decree from the court and keep it in your permanent file.
 

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