marriage anullment

[stardust2312]

state=indiana
my fiance was married for almost a year when i met him. he lft his wife because she cheated on him 3 times before their marriage took place. he went through with the marriage only because he was unaware she was unfaithful to him. she did her best to try and hind this info from him. she even went as far as not inviting certain people to the wedding because they knew of her affairs. my fiance did not find out until a couple months after the wedding took place when a friend of his told him. he confronted his wife and she did admit to cheating on him. since he was married under the assumption that his wife was faithful to him can his marraige be anulled. he would never had married her had he known that she cheated on him. both of them have agreed to a divorce, but they want to do whatever is faster and cost less. we live in indiana and she lives in new jersey.
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[dorenephilpot]

You MIGHT be able to get the marriage annulled, but it's probably easier (and less expensive) to get a divorce.

I usually advise people to get an annulment only when there are Catholic Church issues involved.

You can file for the dissolution here, but unless she owns property here or has other substantial contacts with the state of Indiana, you might have trouble with jurisdiction if she protests.

If she doesn't protest, then the dissolution can proceed here.

I would have to know more facts in order to advise you on that issue.

 

[stardust2312]

neither one of them have any objections to the divorce. they don't want anything from eachother besides the divorce. they have already been seperated for a little over 6months. for the dissolution to take place what are the rules? my fiance has only been living with me in indiana for a little over a month. i was told by someone that in order to get the dissolution that he would have to reside in indiana for 6 months before he files, but after he files it would be final in 60 days because neither of them are contesting anything. is this true? if not how long will it take? we wanted to get married on late december, could that be possible?
thanks for your time!

 

[dorenephilpot]

Sorry I didn't get back to you sooner. Was out of town and then buried in work.

Yes, there is a residency requirement in Indiana. You must be a resident for six months in the state and three months in the county before you can file here.

Once you file, the SOONEST the dissolution would be granted is 60 days.

However, as I mentioned before, if she doesn't live here and doesn't have an "substantial contacts" with the state, such as owning property here, then she could contest the court's jurisdiction and the case here could be dismissed and you might have to file there.

I'm unsure of the facts of your situation but want to let you know that's an issue.

Hope this helps. Let me know if you have other questions. OK?