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How to divorce an inmate if you never lived together after the marriage.

Q: I married my daughter’s father in an immigration detention center trying to prevent deportation. He was deported directly from the center and we never lived together. He’s currently in jail for another crime. Can the marriage be voided since he was deported and we never lived together? 

A: David’s Answer: You could seek an annulment, but only if you reasonably believed (despite him being in detention at the time) that he would be released & the two of you would live together – and that he was culpable in perpetrating a fraud against you on this basis. Otherwise, you may be better off simply getting divorced. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

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