Full question:
I am a resident of West Virginia but my husband is not. Can I file an action to annul my marriage against my husband in West Virginia?
- Category: Divorce
- Subcategory: Annulment
- Date:
- State: West Virginia
Answer:
Yes, you can annul your marriage in West Virginia if you are a resident. According to West Virginia law, at least one party must be a resident of the state to file for annulment. Since you are a resident, you can proceed with the action even if your husband is not.
W. Va. Code § 48-3-101 states that an action to annul a marriage is maintainable if one party is a resident at the time the action is started. Additionally, if neither party is a resident but the marriage occurred in West Virginia and they haven't established a matrimonial home elsewhere, an annulment can still be pursued.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.