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If I got married in Oklahoma, can I get my marriage annulled after 7 months?

Long story short, we got married in Lawton, Oklahoma in June of 2012. He was stationed there with the Army, but I lived in Nevada still. After I went back to Nevada, we moved to North Carolina to his new duty station. We are splitting now, and I am moving back to Nevada next week. So my questions are, Can I file for an annullment? If so, can I file in Nevada? If not, can I file for divorce in Nevada? Not sure how to do any of this. Again, Got married in Lawton, Oklahoma.....lived in Nevada....moved to North Carolina....now I'm moving back to Nevada. He is military. Thanks for any help.

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Anonymous

Asked by Anonymous at 12:36 PM on Jan. 8, 2013 in Relationships

Answers (13)
  • Normally you file in your state of residence. Just call a local attorney. Family Law attorneys usually give free consultations.
    admckenzie

    Answer by admckenzie at 12:40 PM on Jan. 8, 2013

  • Go to the legal department on base if you're still there and file for divorce. Otherwise go to your local courthouse in Nevada when you get there and file fro divorce.
    You can only file annulment in cases of "underage marriage, mental incapability or fraud".
    So regardless you'll be filing for DIVORCE.
    KristiS11384

    Answer by KristiS11384 at 12:41 PM on Jan. 8, 2013

  • Anullment is next to impossible to get
    You have to prove he got you to marry him in a fraudulent manner(he was already married,he was trying to get his green card)
    You can divorce in the usual way from the state you reside in
    butterflyblue19

    Answer by butterflyblue19 at 12:41 PM on Jan. 8, 2013

  • annulled? Probably not since you lived together at least some of the time you would probably have to prove you did not have sex.
    Divorce is usually filed in the state you reside in.
    Is he wanting this also? It would be cheapest if you could get together and sign noo contest and declare no desire for each others money or property. Then you file it with the court. And say good bye. You may have a "cooling off" period beforethe divorce is final depending on the state. Call and find out.
    Dardenella

    Answer by Dardenella at 12:45 PM on Jan. 8, 2013

  • Thank you for the replies. I have another question, I'm due to have a baby in March 2013, how would custody work if I live in Nevada, and my husband lives in North Carolina? He is Army so I dont know how custody works for a single man in the Army that is living across the country from me. If the divorce is not final BEFORE march when the baby is born, what happens? If it is final before the baby is born, does that change things as far as his rights go? Just want to add that the only reason I worry about him trying to get custody of any sort is because he is mentally unstable and has abused me. I dont have proof, but that is why I'm divorcing him. Thanks
    Anonymous

    Comment by Anonymous (original poster) at 12:47 PM on Jan. 8, 2013

  • annulled, probably not. Its based from state to state. You usually file for divorce in the state you lived in for the past 6 months.
    LostSoul88

    Answer by LostSoul88 at 12:50 PM on Jan. 8, 2013

  • oh if you're pregnant no way annulment would happen. Its not going to matter if the divorce isnt final. Usually when you file for child support it will be garnished from his Army paycheck. He wont get custody unless he proves you're unfit. He is the parent that moves a lot so he will be the one that needs to pay for traveling expenses if he wants to see that child,
    LostSoul88

    Answer by LostSoul88 at 12:52 PM on Jan. 8, 2013

  • Start legal proceedings before you leave and go through the Legal center on base. If you move to Nevada first you'll have to wait a 6 week "residency period" before even starting paperwork. Legal on base will ensure that he pays child support (by garnishing wages)and custody is worked out. If you wait until Nevada, thay may require a court ordered paternity test before requiring child support and then he may not pay which would result in more court dates, etc.
    KristiS11384

    Answer by KristiS11384 at 12:56 PM on Jan. 8, 2013

  • If I go to Legal on base, will I need to stay here until its all finished? The reason I ask is because I already have my plane tickets and leave for Nevada in less than 2 weeks. So if I start divorce papers here, can I finish it in Nevada? Can I send him paperwork if need be? Also, will he have automatic custody if the divorce is not final before the baby is born? Thanks
    Anonymous

    Comment by Anonymous (original poster) at 1:46 PM on Jan. 8, 2013

  • Since he is deployable NO you would have automatic custody. He may (through the divorce proceedings) be granted visitation but since he is active duty and under a deployable status you would retain custody of the child.
    KristiS11384

    Answer by KristiS11384 at 2:04 PM on Jan. 8, 2013

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