Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

ANNULMENT, SEPARATION, & DIVORCE

Question #5:
Please Help: I'm a 39 year old American male who married a Filipino woman in the Philippines in June of 1997. After the marriage I went back to the U.S. and my wife stayed in the Philippines while the immigration paper work was processed. Everything seemed to be going great until the final step of the immigration process when my wife applied for her U.S. Passport in June of 1998. Since I sent her the money for the passport and Visa (approx. $600) I haven't heard from her and when I call her family's house they act as if they never heard of her (or me for that matter). I'm afraid what has happened is that once my wife got her U.S. passport she dumped me, somehow entered the U.S. and is doing God knows what. So my question is how can I get this marriage annulled? Do I have to go back to the Philippines, or can I do it in the U.S.? Any help would be greatly appreciated.
Answer:
You have not indicated which state you are presently residing in and therefore I cannot tell you with certainty what the residency requirements are which you will need in order for your state to accept jurisdiction over this divorce matter. It will not be necessary to return to be Philippines to get your divorce. But it will be much more difficult if you cannot locate your spouse and serve her with the divorce papers. You should consider doing a person search which may be able to locate her in the U.S. Annulment may be a possibility, but you will have to prove fraud in order to succeed, which proof may be difficult for you to provide.
I suggest that you proceed for a regular divorce based on abandonment and make every effort to locate your spouse.
Good luck!

Leonard M. Weiner, Esq./Divorce Solutions

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