married in canada, can i annul or divorce in the US?

[elvismug]

What is the name of your state (only U.S. law)? NJ

hi, i am a US citizen, i married a foreign national in canada. i live in NJ & my spouse lives in canada. can i file for an annulment or divorce in NJ or do i have to go back to canada to file?

 

[mistoffolees]

What is the name of your state (only U.S. law)? NJ

hi, i am a US citizen, i married a foreign national in canada. i live in NJ & my spouse lives in canada. can i file for an annulment or divorce in NJ or do i have to go back to canada to file?

If you meet the residency requirements in NJ, then you can file there. There will be at least 2 problems, though:

1. Serving her may be tougher than if she lives in NJ. Not impossible, though.
2. NJ courts would have no jurisdiction over her. If all you want is a divorce, that may not be a problem, but if you expect alimony or child support or a property settlement, it won't be enforceable.

 

[elvismug]

thank you for your response. i've lived here consecutively for over 6 years, does that qualify? also... it's pretty much mutual. we both want out, so there shouldn't be any contest of a divorce or an annulment.

however, i've seen several threads/posts re: the near impossibility of an annulment. i understand that ultimately, i would have to consult an attorney directly, but... is the inability to understand the responsibilities of a marriage grounds for annulment? meaning, he (i'm the wife, by the way) thinks this marriage isn't "real" and doesn't contribute financially, emotionally, etc...

i know that divorce would be the simplest/quickest/cheapest way (& if that's really my only option, so be it), but it's because i truly believe that there was no marriage here.

 

[mistoffolees]

thank you for your response. i've lived here consecutively for over 6 years, does that qualify? also... it's pretty much mutual. we both want out, so there shouldn't be any contest of a divorce or an annulment.

however, i've seen several threads/posts re: the near impossibility of an annulment. i understand that ultimately, i would have to consult an attorney directly, but... is the inability to understand the responsibilities of a marriage grounds for annulment? meaning, he (i'm the wife, by the way) thinks this marriage isn't "real" and doesn't contribute financially, emotionally, etc...

i know that divorce would be the simplest/quickest/cheapest way (& if that's really my only option, so be it), but it's because i truly believe that there was no marriage here.

6 years is more than enough to establish residency, so you can file in NJ.

Forget the annulment. There's not a chance in the world that you're going to get an annulment because he doesn't contribute financially or emotionally. Just get the divorce and be done with it.

 

[elvismug]

thanks again... i was afraid of that.

also (if you don't mind me asking this), through all of the posts & website FAQs, i still can't seem to get a definitive answer re: fraud about gaining citizenship. i didn't think that was the case when we got married, but if this is true (that he only wanted citizenship with no intent on staying married), is this or is it not grounds for annulment? i've seen this answered both ways.

my apologies if this horse has been beaten too many times!!! but, i ask because i feel very appreciative of your quick responses and will feel like i'm getting a direct answer now from someone who knows.

thank you again!

 

[mistoffolees]

thanks again... i was afraid of that.

also (if you don't mind me asking this), through all of the posts & website FAQs, i still can't seem to get a definitive answer re: fraud about gaining citizenship. i didn't think that was the case when we got married, but if this is true (that he only wanted citizenship with no intent on staying married), is this or is it not grounds for annulment? i've seen this answered both ways.

my apologies if this horse has been beaten too many times!!! but, i ask because i feel very appreciative of your quick responses and will feel like i'm getting a direct answer now from someone who knows.

thank you again!

How long were you married? What evidence do you have that he married you simply to get citizenship?

 

[elvismug]

it's been 3 months.

hmm, evidence? what would be examples of evidence for something like this? everytime we go through a "it's over" moment, he'll then "try" again to make things work. honestly, i'm actually devastated that this isn't working and that i have to even resort to ending this marriage, but for someone who can so easily threaten to bail out on this marriage as if we were just "dating," but doesn't seem to really take that step himself, makes me wonder.

how can this be proven?

 

[mistoffolees]

Based on what you said, it can't be proven. Just get the divorce and move on.

 

[elvismug]

sigh... i was afraid of that answer too.

hmm, divorce may be my only (or @ least the quickest) solution here.

thank you very much for all of your advice... i really appreciate it. i'll reach out again if i have any more questions!