How can we annul our marriage after finding out he is married in another country? 4 Answers as of January 09, 2012

I married my husband in jail. We find out not even a month after being married that he is legally married in Mexico. We wish to annul our marriage so he will not be charged with bigamy. We would like to get a divorce while he is still in the US, but she is not willing to sign, even though she said she is suing him for a house to live in and child support. I have no way to get proof of their marriage in Mexico. Can I receive an annulment without their marriage certificate? Would we be able to get a contested divorce from the US while he is in jail and she lives in Mexico? We have no problem sending child support or even alimony, but she will not sign the divorce papers.

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can seek an annulment. You will likely need a certified copy of the marriage certificate. This can typically be obtained from the local government who registered the marriage. As for your question regarding divorce, you may able to file for divorce in the United States, but I would need additional information regarding the state your boyfriend lives in, how long he has lived in the U.S., etc. to determine if the courts would have jurisdiction. It would be a contested divorce as his wife as not agreeing to the divorce. She would have to be personally served with the divorce papers. The process will vary depending upon what jurisdiction your boyfriend lives in.
Answer Applies to: New York
Replied: 1/9/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You can easily annul the marriage but you need to get the copy of the marriage certificate. He can file for divorce without her permission.
Answer Applies to: California
Replied: 1/9/2012
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It is probably not a legal marriage but you need to consult with a family law attorney not an immigration attorney.
Answer Applies to: California
Replied: 1/9/2012
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