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Does a divorce or annulment need to be filed in the same state the marriage was in?

No. Even if spouses are living in different states, they can still get or file for divorce. It is not necessary to go back to the state where your marriage license was issued. Instead, you need only file in the state where you or your spouse meets the residency requirement.

Like divorces, state law governs annulments, and the rules vary from state to state. While there are similarities, you’ll need to verify the particular rules of your state to see if you qualify.

Generally, an annulment may be granted if:

  • your spouse was married to someone else when you got married
  • your marriage is incestuous—meaning you married a relative
  • your spouse was of unsound mind at the time you married
  • your marriage consent was obtained by fraud
  • your spouse is impotent, or
  • you or your spouse was under the age of consent at the time you married.

When you ask for an annulment, you’ll need to cite your ground(s). Additionally, you’ll need to supply clear evidence supporting your claims. Typically, couples can’t agree to annul their marriage. A judge will have to review the annulment complaint and supporting evidence. The court will order the annulment only if there’s enough evidence to prove your ground.

For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.

The information provided is for your reference only, is not intended to be advice, and should not be construed as such. The information provided or legal statutes may change at any time, and we are not accountable for the accuracy of this information. Use of this website or information provided does not constitute a client-attorney relationship. Please contact us for legal assistance with your specific question or need.