Legal Question in Family Law in California
I am trying to get a divorce. He was incarcerated at the time that we got married. He was at a low security prison and left the prison without permission. We went to the courthouse and got married. We have never lived together, never consummated our marriage, I have never used his name. We have been married since 2005. We were married in Georgia. I now live in California. He was released from prison last year and he now lives in Washington, D.C. How should I proceed with this divorce?
3 Answers from Attorneys
If you and your spouse are both in consent; both will sign the necessary documents; and at least one of you will fly to appear before the Judge on the day of the divorce hearing, you can file for a Fast divorce in the Dominican Republic.
A special provision in Dominican divorce law (142) allows foreign citizens, not living in the Dominican Republic, to obtain a fast divorce in the Dominican Republic without any residency requirement, waiting periods or classes. The Dominican divorce if done with due process is valid in US and worldwide.
You can read more at:
The Embassy of the United States on Divorce by mutual consent for US citizens (scroll the page to the bottom):
http://santodomingo.usembassy.gov/divorce_dr_mc.html
The Fastest Way to Divorce Worldwide:
http://www.dfastdivorce.com
The U.S. Department of State on divorces overseas;
http://travel.state.gov/law/info/marriage/marriage_641.html
The Dominican Republic Embassy in Washington, D.C.
http://www.domrep.org/divorce.html
I have no idea if Mr. Pedersini is correct or not, but I sure wouldn't bet my future on it. You need to check with a Georgia lawyer about the requirements for a valid marriage, but in California you wouldn't have one, because you never cohabitated and never consumated the marriage. So in California you could get a pretty easy quick annullment. If the marriage was never valid under Georgia law, then I believe you can file your annullment in California once you have lived here at least six months.
The only party of Mr. McCormick's response that I agree with is the part where he tells you not to risk your future on a Dominican divorce.
Failure to consummate a marriage or lack of cohabitation is not grounds for an annulment under California law. The physical inability to consummaate a marriage would be, but that does not appear from your situation.
The biggest problem is that based on the scanty facts you have provided, neither California nor the Dominican Republic appear to have personal jurisdiction over your husband. I suggest reposting in the category for Georgia lawyers, because at the very least, it appears that Georgia would have jurisdiction.