Annulment of a marraige which occured in a different state

[JimSpence]

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

My daughter has just been released to pretrial services and is trying to get her life together. She's been in jail for around 6 months. She is a 23 year old meth addict. While on meth last spring/summer, a man older than myself who was shooting her up took her to Oklahoma and got married to her. She most definitely was not of sound mind. The "husband" is still in jail until tomorrow... makes me nervous.

She now has no money and wants to correct this mistake among the many many others on her long list. I would like to help her with this big problem if I can do it with little money, so I thought I'd look into getting the paperwork to file myself. Should I inquire in Oklahoma or would the local court house work?

Thanks

 

[Silverplum]

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

My daughter has just been released to pretrial services and is trying to get her life together. She's been in jail for around 6 months. She is a 23 year old meth addict. While on meth last spring/summer, a man older than myself who was shooting her up took her to Oklahoma and got married to her. She most definitely was not of sound mind. The "husband" is still in jail until tomorrow... makes me nervous.

She now has no money and wants to correct this mistake among the many many others on her long list. I would like to help her with this big problem if I can do it with little money, so I thought I'd look into getting the paperwork to file myself. Should I inquire in Oklahoma or would the local court house work?

Thanks

She must file her own case, you cannot do it for her. She lives in MO, she can file there. She can start here:
http://www.selfrepresent.mo.gov/page.jsp?id=5240

According to that site, every form approved for use in MO is on this page: http://www.selfrepresent.mo.gov/page.jsp?id=38346

And the FAQ: http://www.selfrepresent.mo.gov/page.jsp?id=5114

 

[Ohiogal]

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

My daughter has just been released to pretrial services and is trying to get her life together. She's been in jail for around 6 months. She is a 23 year old meth addict. While on meth last spring/summer, a man older than myself who was shooting her up took her to Oklahoma and got married to her. She most definitely was not of sound mind. The "husband" is still in jail until tomorrow... makes me nervous.

She now has no money and wants to correct this mistake among the many many others on her long list. I would like to help her with this big problem if I can do it with little money, so I thought I'd look into getting the paperwork to file myself. Should I inquire in Oklahoma or would the local court house work?

Thanks

Your daughter is an adult. she needs to handle her own legal issues. YOU cannot do this for her unless you want to commit a crime in doing so. She needs to file for a divorce. NOT an annulment.

 

[Silverplum]

Your daughter is an adult. she needs to handle her own legal issues. YOU cannot do this for her unless you want to commit a crime in doing so. She needs to file for a divorce. NOT an annulment.

I meant to include that in my answer, but failed to do so. So I bolded yours!

 

[JimSpence]

Thank you. I didn't intend to suggest I was going to file for the divorce/annulment for her but it appears I did. I just wanted to get her the information and paperwork and I 100% understand, she will have to do it herself.

But I can lay the information on the table and if she kicks it underneath the couch and later complains... she's sol. I helped. Actually, you helped.

 

[JimSpence]

Actually I stated I was going to file it didn't I... sorry, I was typing what I was thinking...

Separate two meth addicts number one on my list.

 

[OHRoadwarrior]

We understand what it is like for you to be a frustrated parent.

 

[latigo]

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

My daughter has just been released to pretrial services and is trying to get her life together. She's been in jail for around 6 months. She is a 23 year old meth addict. While on meth last spring/summer, a man older than myself who was shooting her up took her to Oklahoma and got married to her. She most definitely was not of sound mind. The "husband" is still in jail until tomorrow... makes me nervous.

She now has no money and wants to correct this mistake among the many many others on her long list. I would like to help her with this big problem if I can do it with little money, so I thought I'd look into getting the paperwork to file myself. Should I inquire in Oklahoma or would the local court house work?

Thanks

I must disagree that a divorce is the only option.

If the daughter can convince a Missouri family court judge that at the time of the ceremony she was so intoxicated – that is, under influence of methamphetamine or some other intoxicant - that she was incapable of knowing the nature of the marriage contract, in other words INCAPACITATED, then under Missouri law she would be entitled to have the marriage declared void ab initio.*


[*] "Ab initio", meaning she was never married to the guy.

All marriages . . . . between persons who lack capacity to enter into a marriage contract, are presumptively void; Missouri Revised Statutes Section 451.020

 

[Ohiogal]

I must disagree that a divorce is the only option.

If the daughter can convince a Missouri family court judge that at the time of the ceremony she was so intoxicated – that is, under influence of methamphetamine or some other intoxicant - that she was incapable of knowing the nature of the marriage contract, in other words INCAPACITATED, then under Missouri law she would be entitled to have the marriage declared void ab initio.*


[*] "Ab initio", meaning she was never married to the guy.

The problem is proving that she was so intoxicated that she could not get married. That can be very difficult and quite frankly it would be easier for her to get a divorce. Then there is the issue that she would have to prove she committed a crime in order to get the marriage annulled (prove she was incapacitated on meth which is illegal) and that could cause her more legal issues.

 

[Bali Hai]

We understand what it is like for you to be a frustrated parent.

Absolutely agree, however, idiots like Dr. Phil and a few others right here would try to convince OP that it's all his fault.

 

[FlyingRon]

If you want to help, you can help her find (or even pay for) an attorney.

 

[latigo]

The problem is proving that she was so intoxicated that she could not get married. That can be very difficult and quite frankly it would be easier for her to get a divorce. Then there is the issue that she would have to prove she committed a crime in order to get the marriage annulled (prove she was incapacitated on meth which is illegal) and that could cause her more legal issues.

Need I remind you that the girl has already been convicted, sentenced and incarcerated for her "crime"!

Consequently to suggest that a family court would request that she be re-arrested for the same misconduct is being unrealistic.

Plus, if she never becomes fully rehabilitated it is unlikely that she’ll have the presence of mind to pursue any course of family court relief.

Likewise unrealistic is your position that a petition for dissolution would be less demanding than one for an annulment. And once again the judge is not going to have her arrested because her evidence to support her petition for annulment is that she was intoxicated at the time!

The simple fact is that a marriage contract that was never consciously consented to does not need to be dissolved. It never existed.

And why the hell would she wish to be given to perpetually acknowledging that she was once legally married to the twisted pervert when it is totally unnecessary?
________________

People don’t go to lawyers to be told what they can’t do. This father is not inquiring about divorce laws. He has asked if his daughter could have her marriage contract annulled and the answer is yes!