Legal Question in Family Law in Florida

Hello,

Me and my wife got married in Gainesville, FL on Feb 14, 2013. We had decided to get married as per Hindu rituals by end of this year. We had met through a common friend in March, 2012. We did not live together as I worked in VA and she worked in FL and it was decided that once we get married in India as per Hindu rituals I will move to Florida. She had been very demanding and constantly threatened me divorce if she did not get things her way. I was in duress the whole time trying to resolve all the issues. Now she has filed for annulment of marriage by filing Fraud case that I married her for Green Card. It was never the case and I had actually waited for more than a year after our initial meeting to get married and provide ample time to her to make a decision. I also waited for 2 months after our marriage to hire an attorney to file for the GC which was ultimately never filed. I had suggested not to have extravagant wedding in India and wanted a simple wedding ceremony. She constantly asked for expensive things which I could not afford. To save the marriage I also agreed to have the ritual marriage the way she wants it to be done.

Please do suggest if I can file an answer to her petition and deny all charges as well as file for divorce. She wants annulment and not a divorce and she has continuously told me that she will try to find a way to get it done as she does not want Divorce in her records. I am in complete duress and am trying to find any suggestion to this issue. Can I disagree to annulment and file a divorce in the court? Can suggesting to not spend too much money on marriage as per Hindu rituals a case for annulment in the court. She has constantly threatened me with legal issues. Please help.


Asked on 8/07/13, 7:52 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Yes. Florida has no action for annulment. The proper claim is Dissolution of Marriage. One of the parties has to be a Fla resident for at least 6 months. Good luck.

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Answered on 8/07/13, 8:05 pm
John Smitten Carey and Leisure

You do not qualify for annulment so just file for divorce. Annulment does exist in FL David Slater is wrong however if you consumated the marriage (had sex with your wife after marriage) then you cannot get an annulment.

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Answered on 8/08/13, 3:03 am
Carolyn Jones Law Office of Carolyn R. Jones

You should consult with a local attorney and file for a divorce. Local counsel can walk you through the procedure. Best Wishes

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Answered on 8/08/13, 9:11 am


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