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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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I need to know if I need to file in richmond va or wv. I am

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I need to know if I need to file in richmond va or wv. I am trying to file an annulment on my own. My husband has never lived with me and i live in wv. we were married in chesterfield county va and i was told that i had to file there. can you tell me if this is true or can i file in my home town of clarksburg wv?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Is your husband a resident of Virginia?

Customer:

yes he is

ScottyMacEsq :

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.

ScottyMacEsq :

It does not matter whether or not the marriage actually took place in that state.

Customer:

but i live in bridgeport wv and we have never lived together.

ScottyMacEsq :

I understand.

ScottyMacEsq :

You can file either in Virginia OR West Virgina.

ScottyMacEsq :

Here's WV law:

ScottyMacEsq :

§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.

Customer:

so i can just do it here when ilive and have him served with no problems as far as filing that is?

ScottyMacEsq :

(b) would be the operative clause.

Customer:

dorry i see that now. lol

Customer:

sorry

ScottyMacEsq :

Yes. He's the "respondent", and if he's not a resident of the state, you could bring it where you (the petitioner) resides.

Customer:

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?

ScottyMacEsq :

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

Customer:

ok you dont get a lot for $45, but thank you. i guess.

ScottyMacEsq :

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...

ScottyMacEsq :

(I can get in trouble if I violate those terms, including not being able to assist customers such as yourself..._

Customer:

ok can you tell me about how to serve him since i can now file in wv

Customer:

os does that not fall in the scope of the first question?

ScottyMacEsq :

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.

Customer:

ok thank you for your help.

Customer:

do i need to do anything else as far as paying you?

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

or just click exit and save

ScottyMacEsq :

Please rate and submit the rating, thank you.

ScottyMacEsq :

I don't get any credit for the answer unless and until you rate it.

Customer:

oh ok you mean my card. ok i will

ScottyMacEsq :

Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you mean to rate poor service? I ask that you only rate my service to you, not this website or the restrictions that I am under?

ScottyMacEsq :

Like I said before, "Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!"

ScottyMacEsq :

A "poor service" doesn't mean the site, but rather MY service to you and how clearly I answered your question.

ScottyMacEsq :

(and it "dings" my personal stats when you rate my service as poor).

ScottyMacEsq :

Did you mean to rate my service to you as poor?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~25 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12118
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
ScottyMacEsq
Family Lawyer
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Licensed Texas General Practice Attorney