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Is your husband a resident of Virginia?
yes he is
Thank you. Annulment and divorce are based on residence, not where the marriage was entered into. In Virginia law, one of the parties to an annulment or divorce has to be a resident of Virginia. The same is true for West Virginia.
It does not matter whether or not the marriage actually took place in that state.
but i live in bridgeport wv and we have never lived together.
You can file either in Virginia OR West Virgina.
Here's WV law:
§48-3-102. Venue of actions for annulment or affirmation. (a) If the respondent to an action for annulling or affirming a marriage is a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the respondent resides.
(b) If the respondent to an action for annulling or affirming a marriage is not a resident of this state, the petitioner has an option to bring the action in the county in which the parties last cohabited or in the county where the petitioner resides.
(c) If neither party is a resident of this state, the action must be brought in the county where the marriage was performed.
so i can just do it here when ilive and have him served with no problems as far as filing that is?
(b) would be the operative clause.
dorry i see that now. lol
Yes. He's the "respondent", and if he's not a resident of the state, you could bring it where you (the petitioner) resides.
ok now can you tell me what are the grounds for an annulment and how long do i have to file after we have gotten married. or do i only get one question?
That's outside of the scope of the question (the question pertaining to where you can file) however the statutes for WV annulment law (which have the grounds that an annulment can be sought) can be found here: http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=48&a
ok you dont get a lot for $45, but thank you. i guess.
I'm sorry, but per the terms of service and the expert agreement, we're only supposed to answer the question asked and any follow up questions in the scope of that original one...
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ok can you tell me about how to serve him since i can now file in wv
os does that not fall in the scope of the first question?
I can't get in depth on that (again, different question than venue...) but in short, you file, you get a "citation", and you're going to need to hire a "process server" in his county / area to serve him with it.
ok thank you for your help.
do i need to do anything else as far as paying you?
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or just click exit and save
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oh ok you mean my card. ok i will
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