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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I was married on the 4t of April in Cape Town South Africa.

Resolved Question:

I was married on the 4t of April in Cape Town South Africa. I live in Washington State. I got married to quickly. I was back in Washington on the 7th of April. I have never lived with my husband and or has he ever been in Washington. Can I get an Annulment?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

 

I am an attorney with more than 25 years of experience and look forward to providing your information to you today

To get an annulment you must petition the court to find the marriage invalid.

 

The Washington statute in this regard can be found by clicking onto this link under 26.09.040 and it states the following

RCW 26.09.040

Petition to have marriage or domestic partnership declared invalid or judicial determination of validity - Procedure - Findings - Grounds - Legitimacy of children.

 

(1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage or domestic partnership declared invalid may be sought by:

(a) Either or both parties, or the guardian of an incompetent spouse or incompetent domestic partner, for any cause specified in subsection (4) of this section; or

(b) Either or both parties, the legal spouse or domestic partner, or a child of either party when it is alleged that either or both parties is married to or in a domestic partnership with another person.

(2) If the validity of a marriage or domestic partnership is denied or questioned at any time, either or both parties to the marriage or either or both parties to the domestic partnership may petition the court for a judicial determination of the validity of such marriage or domestic partnership.

(3) In a proceeding to declare the invalidity of a marriage or domestic partnership, the court shall proceed in the manner and shall have the jurisdiction, including the authority to provide for maintenance, a parenting plan for minor children, and division of the property of the parties, provided by this chapter.

(4) After hearing the evidence concerning the validity of a marriage or domestic partnership, if both parties to the alleged marriage or domestic partnership are still living, the court:

(a) If it finds the marriage or domestic partnership to be valid, shall enter a decree of validity;

(b) If it finds that:

(i) The marriage or domestic partnership should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, a prior domestic partnership of one or both parties that has not been terminated or dissolved, reasons of consanguinity, or because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage or domestic partnership by force or duress, or by fraud involving the essentials of marriage or domestic partnership, and that the parties have not ratified their marriage or domestic partnership by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage or domestic partnership invalid as of the date it was purportedly contracted;

(ii) The marriage or domestic partnership should not have been contracted because of any reason other than those above, shall upon motion of a party, order any action which may be appropriate to complete or to correct the record and enter a decree declaring such marriage or domestic partnership to be valid for all purposes from the date upon which it was purportedly contracted;

(c) If it finds that a marriage or domestic partnership contracted in a jurisdiction other than this state, was void or voidable under the law of the place where the marriage or domestic partnership was contracted, and in the absence of proof that such marriage or domestic partnership was subsequently validated by the laws of the place of contract or of a subsequent domicile of the parties, shall declare the marriage or domestic partnership invalid as of the date of the marriage or domestic partnership.

(5) Any child of the parties born or conceived during the existence of a marriage or domestic partnership of record is legitimate and remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage or domestic partnership.

 

SO If you meet any of that criteria then you would qualify for an annulment. Otherwise, you need to file for a Divorce

 

If you need more clarification, please let me know by posting the question here. Please do not rate me until you are completely satisfied.

Thank you

Customer: replied 1 year ago.


Sam, Thank you but I have read this over and it makes no sense to me. I need some basic understanding of this information. I have no children - no assets - no income - have received no money ever from him - met him on the 30th of March, 2013 in Cape Town from Seattle - married on the 4th and left Cape Town on the 6th. Have had little communication - married on paper - but not living together - sexual relationship twice - can you just give me a yes or no - or do I need to go the divorce route. I am very embarrassed and want to keep this as low key as possible.

Expert:  Sam replied 1 year ago.

Hi

 

Ok. That makes sense.

 

The answer to your question is No. You cannot get an annulment simply because you have not lived together.

An annulment is based on whether a marriage is valid or not. It would not be valid if either of you

 

were too young to get married as per SA law

is mentally unstable and therefore could not grant permission to be married

were forced to get married under duress or force

are related to each other in a way that is prohibited for marriage.

 

 

Customer: replied 1 year ago.


OK -I read today on the internet that if you've not lived with your spouse continuously and not continued in a physical relationship within 6 months then you could get an annulment. Bottonline - I am concerned about the marriage and his desire to seek easy US entry with the marriage to as US Citizen. The majority of communication stopped once married and I have returned. Thank you for your time.

Expert:  Sam replied 1 year ago.

Hi

 

I am not sure what you read. But I provided you the law. That would be accurate, true and correct information.

 

If you have not lived together for 6 months, you can file for a divorce.

 

 

Customer: replied 1 year ago.

Thank you - please know I am not questioning you - just confused. I have spent thousands and thousands of dollars lately for this issue (marriage etc. - and now I need to continue. I am very sadden and embarrassed to admit this - but I do appreicate your time.


Have a good day.

Expert:  Sam replied 1 year ago.

Hi

 

Yes, I understand it is not about the law.

 

I want you to fully be clear on it.

You can file for divorce in Washington state if you have lived there for at least 6 months

Customer: replied 1 year ago.


Yes I have lived in Washington State since 1974 - I am 50 years old - so it looks like divorce is my only option?


 


Once again, thank you. Now I am to rate this? I will rate it very well as you've been very helpful and polite.


 


Lori


 

Expert:  Sam replied 1 year ago.

Hello Lori

 

Yes, unfortunately that is your only option.

 

You can do that on your own by getting the forms from the clerk of the court in your county.

 

And you can mail them to your spouse or if you do not know where he is you can file an Affidavit with the court attesting to the fact that you do not know where he is

 

And then the Divorce will be advertised in the local paper as service to the spouse.

 

I wish you luck. Thank you for the rating and the bonus

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22514
Experience: 20 years of experience practicing law.
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