I have been married for a month and I want to get a divorce. My husband and I have been together for 1.5 years, but he's been residing in US for 1 year and 3 month now. I did not want to go thru with the marriage but still did due to pressure from the family. We have never lived together and rarely see each other. Do I still need to file for a divorce or is there a way to cancel the marriage application? If I need to go thru the divorce process, do I still need to fulfil 1 year separation period requirement?
Thank you.
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The simplest and most common way to end your marriage would be by way of an uncontested or simple divorce. This would require you to continue living separate and apart for a period of one year before the divorce order could be obtained. You will not need to appear in court if proceeding by way of an uncontested divorce.
With respect to “cancelling” the marriage, I believe that you are referring to an annulment, which, if granted, would mean that the marriage had been declared invalid. Grounds for annulment include, but are not limited to incapacity, fraud or duress, and inability to consummate the marriage due to a physical or mental problem that was unknown at the time of marriage (a failure to consummate is not enough, there must be an inability to consummate). I strongly advise you to speak to a lawyer about your situation in greater detail to determine whether any of the grounds for an annulment have been met in your case. Even if a ground for annulment exists though, proceeding by way of annulment will likely be more costly and may take longer than obtaining the uncontested divorce.