1) You would most likely have to divorce. It's not just about the passage of time, though more often than not, annulments are sought more quickly than you describe; it's that an annulment is only available when the marriage is either invalid from the start (the spouse was too young; was married to someone else; was mentally incapacitated; etc.) or where there was a significant "fraud" in the marriage (the spouse told you she wanted children, but then admitted that she lied). A spouse leaving or abandoning you is generally grounds for divorce, not annulment.2) You would file where you live for divorce.While you can do this yourself, you would be better off seeking a matrimonial attorney's help, and if you do, you should ask again about the annulment--the attorney can evaluate your eligibility for it in light of all the details of your situation. Good luck.