Can I annul my marriage in West Virginia if my spouse is not a resident there?
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?02/21/2017 | Category: Divorce » Annulment | State: West Virginia | #32576
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.”