married & abandoned over 10yrs ago divorce or annulment?

[mistaken]

i married someone over 10 years ago so that they could stay in the country, they took off within weeks of the marriage and i don't know how to contact them. i couldn't afford a divorce and just kind of moved on as if i never married. can i get an annulment since he took off within weeks of the marriage or does it have to be a divorce because it has been over 10 years since we married? either way how do i proceed if i don't know how to get in contact with this person?

[sandyclaus]

Originally Posted by mistaken i married someone over 10 years ago so that they could stay in the country, they took off within weeks of the marriage and i don't know how to contact them. i couldn't afford a divorce and just kind of moved on as if i never married. can i get an annulment since he took off within weeks of the marriage or does it have to be a divorce because it has been over 10 years since we married? either way how do i proceed if i don't know how to get in contact with this person?

Depending on where you live, it may or may not even be possible to obtain an annulment, or if it is possible, it could be time-barred.

Where do you currently reside?

[Friend In Court]

Originally Posted by mistaken i married someone over 10 years ago so that they could stay in the country, they took off within weeks of the marriage and i don't know how to contact them. i couldn't afford a divorce and just kind of moved on as if i never married. can i get an annulment since he took off within weeks of the marriage or does it have to be a divorce because it has been over 10 years since we married? either way how do i proceed if i don't know how to get in contact with this person?

When one contracts a marriage with no intention of living up to the obligations and duties of marriage, that is grounds for annulment. Defrauding one into marriage with no intention of living as a married couple, that is grounds for annulment. The saying is "fraud vitiates (destroys) everything."

Time is not that relevant. Apparently both of you entered into this marriage as a sham from the start, you a party to the fraud on Immigration. "Unclean hands" it is called, both of you in the wrong.

You may petition for an annulment with the alternate relief of divorce so the judge may grant either one. Frankly, it would not serve you well to admit to the court that you made a sham marriage to help someone get citizenship they would not have otherwise, so if it were me, I would just file for divorce. Further, if one is indigent or too poor to pay court filing fees, these can be waived by the court. Since the courts are the only ones with power to dissolve a marriage, they cannot deny one access to the courts because they are too poor to pay. That is the law throughout the U.S. All one needs to do is file a financial affidavit for what is called an "informa pauperis" petition.

[mistaken]

thank you for all your information, can I bother you with a few questions? since I can't afford a lawyer, am I supposed to file for the divorce on my own? do you know if there are free services that will help you fill out the required documents? also, what about the issue that I don't know how to reach him, don't I need his signature or to at least notify him? and i live in california....thanx!

[Friend In Court]

The California divorce forms are available for download online. If you have difficulty figuring them out, there are paralegal firms in California that can help you for a small fee. They are very straightforward and easy to complete, so I sincerely doubt you will have trouble figuring them out.

Filinf fees can be waived if your income is limited, so that one expense you may not have to pay. Legal Aid is also available for help at no charge if you meet their income guidelines.

If you do not know his whereabouts, California service rules allow notice by publication in a newspaper for a prescribed number of times. This is probably the only cost you would incur and it is minimal.

I suggest you apply to Legal Aid to assist you.