Gadsden, AL asked in Divorce for Alabama

Q: I was married in Alabama 2 years ago, but lived together only 2 months. I have no idea where he is, how do I divorce?

We were married by my father, who became ordained on a website in order to marry us. We were both under the influence of heavy drugs, and I have not seen him in over a year. So I am wondering several things: is the marriage legal since we were married by an "online minister," should I seek an annulment on the grounds of being under the influence, or how do I go about divorcing someone I cannot locate? He was homeless and still on drugs the last time I saw him, and I have no idea how to go about finding him.

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1 Lawyer Answer

A: Did you get a license to marry before your father did the ceremony? If so you are married ceremonially. If there was no license and if the minister did not have the authority to perform the marriage, you still would be married by common law if: you both at the same time intended to be married, you lived together as husband and wife, you held yourselves out to the community as married. If those things are satisfied, you are married. As to the drug intoxication -- presumably you were sober some time during the 2 month time you lived with him. The smart thing to do here is to divorce him. The fact that you don't know where he is will not stop you from getting a divorce. Get a lawyer and get this done.

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