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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27670
Experience:  Attorney with experience in family law.
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I am in the Air Force. I lived in San Antonio for 2 years. I

Customer Question

I am in the Air Force. I lived in San Antonio for 2 years. I moved to Ohio September 8. I was married in Washington DC (through deception and emotional and spiritual abuse) on September 17. We have no children or assets in common except I am on his lease in Washinton DC.
The man I married lives in Washington DC and New York state. We have never lived together.
I desperately want an annulment, but cannot get one in Ohio until I have been a resident for 6 months.
Can I get an annulment in Texas?
Submitted: 2 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Where did you live before joining the Air Force?

Expert:  Lucy, Esq. replied 2 months ago.

Texas law requires that one of the spouses live there at the time the suit is filed, so we need to look at other options if you've already moved to Ohio.

Customer: replied 2 months ago.
I was in school for 5 years in Indiana, but before that Ohio most of my life. I joined the airforce in 2011.
Expert:  Lucy, Esq. replied 2 months ago.

If you only moved out of Ohio because you joined the Air Force and intended to go back, you're still considered a resident. Being transferred by the military doesn't alter your residence in that scenario, because it's not considered voluntary.

Expert:  Lucy, Esq. replied 2 months ago.

You could also file in New York, since that's where your spouse lives. NY law allows for annulment where consent to the marriage was obtained via fraud or force.

Customer: replied 2 months ago.
I have chosen Texas as my State of residence for tax purposes.
Expert:  Lucy, Esq. replied 2 months ago.

Unfortunately, since you have moved out of Texas, you cannot file for annulment there. Texas Family Code, Section 6.301 requires that you live in the county where you file. The law allows someone stationed there with the military to file for divorce while they or their spouse is stationed in Texas, but not after leaving. Section 6.304 (same link). If you file in Texas, your husband can get the case dismissed.

If you file in NY or DC, he cannot. If you wait 6 months and file in Ohio, he cannot dismiss the case.