Marriage anullment

Answers to your qestions about moving to, and living in, Peru,
sublimeperu
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Marriage anullment

Postby sublimeperu » Fri Feb 05, 2016 1:57 pm

Very embarassed to be in this position, but with the new immigration laws, myself and partner rushed into marriage as we felt like there was no other options for us to stay together. We've only been married a month and a half, but it's been a disaster and I'm ashamed to say that things have gotten physical and I no longer feel safe with him. Are there any kind of anullment options?


Alpineprince
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Re: Marriage anullment

Postby Alpineprince » Fri Feb 05, 2016 3:23 pm

Yes, go talk to your priest!
someotherdude

Re: Marriage anullment

Postby someotherdude » Fri Feb 05, 2016 3:24 pm

sublimeperu wrote:Very embarassed to be in this position, but with the new immigration laws, myself and partner rushed into marriage as we felt like there was no other options for us to stay together. We've only been married a month and a half, but it's been a disaster and I'm ashamed to say that things have gotten physical and I no longer feel safe with him. Are there any kind of anullment options?


There's a lot we don't know here.
How long were you two together as a couple before marrying?
No problems beforehand?
You say things have gotten physical. Does he feel the same way?
No longer safe with you?
Does he agree with an annulment?
sublimeperu
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Re: Marriage anullment

Postby sublimeperu » Sat Feb 06, 2016 11:30 am

Officially just under a year but we had met the year earlier and were dating for a while. I think he would agree to an anulment. I won't pretend that things were all roses prior to this but I never would have predicted that things could digress so rapidly in such a short time. Frustratingly, we still love eachother, but where does a marriage have to go once you start getting physical?
sublimeperu
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Re: Marriage anullment

Postby sublimeperu » Sat Feb 06, 2016 11:31 am

By the way, it was a civil ceremony
randomperson
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Re: Marriage anullment

Postby randomperson » Sat Feb 06, 2016 1:57 pm

Not going to happen. Minimum 2 year wait for divorce if no children involved. However you may be able to circumvent this by initiating the divorce in your home country. Your success depends on the cooperation of your spouse because exequatur can be tricky.

If things got physical as you stated in your post, one can assume domestic violence so your spouse is unlikely to cooperate.

To clarify, exequatur has to do with proof of service. Proof of service is a key component to validate a judicial process. A judge in your home country would have to approve publication of summons in a foreign newspaper. Here in the US, the summons needs to be published weekly, for 4 consecutive weeks. Any obscure Peruvian newspaper will do, much like when you had to publish to get married. Allowing this means of summons would be up to the discretion of the judge in your home country.

Hope this helps. You sound like a free-spirited risk taker and sometimes things don't work out no matter how well intended.

In a best case scenario, your spouse will sign the foreign proof of service, add his fingerprint, notarize and you get this apostilled so your divorce can go forward in your home country without having to wait the 2 yrs to do it in Peru.

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