annulment

Most probably not. Annulments are rarely applied unless the original marriage itself was invalid for very specific reasons. Being separated (even for years) does not constitute a reason that your marriage is invalid. The court will likely view your situation as a separation or abandonment, but not an invalid marriage. Your best course of action here would be to file for a divorce and not worry about an annulment, it will be far easier to obtain the divorce. - The Divorce.com Team Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE'S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.