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 if you are a resident of West Virginia. The law requires at least one the two parties to be a resident of West Virginia. In your case, even if your husband is not a resident, you are, so you may file an action in West Virginia.W. Va. Code § 48-3-101:
“Right to sue to annul or affirm marriage.
(a) Except as otherwise provided in subsection (b) of this section, an action to annul or affirm a marriage is not maintainable unless one of the parties is a resident of this State at the time the action is commenced.
(b) Even if neither party is a resident of this State, an action to annul a marriage that was performed in this State is maintainable if the parties have not established a matrimonial domicile elsewhere.”
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.
