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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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My husband insists on living in TX, we were married in MA

Customer Question

My husband insists on living in TX, we were married in MA 1997, but I was on active duty in the military and finally came home to my home of record, CT three years ago; but my husband welched on his commitment to follow. He hasn't been home in three years. We live separately. I have the two children (b/c schools in CT are superior to TX) and he takes them during the summer to learn manly skills. Is this marriage Null and void and dissolved by some estrangement or abandonment law? I sure hope so.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No, unfortunately it isn't. Nothing happens "automatically".

You could file for an annulment based on fraud and, while it is possible, it will be very hard to convince a judge to grant an annulment nineteen years later.

The law is about the same in all states but I'm going to assume you will file in CT and the law on that is covered by Conn. Gen. Stat. § 46b-40(b) (2015). You will want your lawyer to research the lw all the way back to 1997 because you can assume the court is going to ask about how the law has changed over the years but it likely hasn't changed much.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
O.K. Thank you. ***** don't want to be married to Gary if he isn't ever going to come home, and he said he is not. But I don't want to be divorced because the Bible then says whoever marries me next commits adultery. What can I do other than wait for Gary to die? He is gone. I am abandoned and have to pay everything and do all the chores, raise the boys myself, he makes zero contribution. Is there any hope?
Customer: replied 1 year ago.
Oh, he has no money, can't work b/c he's sick.
Customer: replied 1 year ago.
Hello, Attorney Dwayne B. Are you still there?
Expert:  Dwayne B. replied 1 year ago.

As I said, you can try for an annulment it's just that your chances aren't good. The only other options are a divorce or to stay married.

Expert:  Dwayne B. replied 1 year ago.

CT does have legal separation

Customer: replied 1 year ago.
What's that? Legal separation? Am I free to marry then without a Divorce?
Expert:  Dwayne B. replied 1 year ago.

No, legal separation doesn't end the marriage.

Expert:  Dwayne B. replied 1 year ago.

The only ways to be able to marry again are a divorce or an annulment.