Legal Question in Family Law in Maryland

I have just found out after almost 4 years me and my 'ex's' annulment was never filed.

We were married in Canada and were both intoxicated. I wanted to stay married but he felt in his right mind he wou;dn't of married me yet. I never contested it, so I agreed to getting the annulment. We got an attorney. And ended up filling out A LOT of paper work. Since we had no property or debt, or any kids. We figured it would be a simple uncontested annulment and it would go by quickly. we had a pre trial conference and then the actual trial. We figured after the trial and the decision was made. We were annuled. But apparently not. After the trial and hearing the decision, I moved back to the USA, in Maryland and he moved to Germany. We did not know there had to been an issuance of the Decree of annulment and that the judge had to sign it and it then be filed for the marriage to be annuled. Our attorney never got a hold of us the whole time before, since the number I had in Canada was the same one I had up until about 4 months ago. In fact, we can't even find him.... I decided to move back in the States January 2009. And we got married August 2008 and filed for annulment 2 weeks after.

Given that so much time has passed and neither one of us lives in Canada anymore. Can we pick up where we left off somehow? We're thinking of trying to finish it in Maryland since he is coming down to see family for 6 months and I have a residence. Do we have to start this process all over? Or do we have to get a divorce now? This is very frustrating and I am still in shock. So any advice would be appreciated.


Asked on 6/13/12, 1:12 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If you have been a MD resident for 1 year you can get a simple uncontested divorce based upon not living together for all this time. If he cooperates by filing an uncontested answer once you file the complaint it should only take a couple of months and he won't have to appear in court. You will need your Canadian marriage certificate.

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Answered on 6/14/12, 8:22 am


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