QUESTION
Should I file for an annulment before I move? How?
Asked on May 21st, 2015 on Divorce - Michigan
More details to this question:
I found out that my husband is still married to his 1st wife. We have a son together. My husband is deployed right now and I would like to move to another state to be close to family before he gets back. Should I file for the annulment before I move or wait till I get to where I am going?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
You should file for an annulment now since that state has jurisdiction over him. You also need to notify the military since entering a fraudulent marriage is prohibited by military rules and will have consequences for him.
Answered on May 22nd, 2015 at 12:18 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
If your "husband" was legally married when he married you .. your marriage is "void admino" or void.. there is no need for an annulment. Move now and then file against him for child support.
Answered on May 21st, 2015 at 6:37 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
In most states, your marriage isn't even valid. Depending if you have children and if you have filed taxes together, you will need to determine whether you want an annulment or just a declaratory action declaring your marriage invalid. Whether you want to do that now or in another state, will depend on the laws in both. Call lawyers in both states to discuss. You will want to file in whatever state will benefit your situation the best.
Answered on May 21st, 2015 at 4:17 PM
You may not need an annulment because if he was married to someone else at the time, your marriage is VOID and considered to never have happened. If you and he have a child, now is a good time to file for custody and control, however, you might consider moving first and then filing within the jurisdiction of your new residence. Once it is filed here, this is where the Court's jurisdiction will be.
Answered on May 21st, 2015 at 3:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would immediately seek counsel with an attorney about your options. If your husband was still married to another at the time of your "marriage" then the marriage is void and he is guilty of bigamy, which is criminal.
Answered on May 21st, 2015 at 3:55 PM