What type of evidence would be needed in court to requestan annulment based on fraud?
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What type of evidence would be needed in court to requestan annulment based on fraud?
I have been married a little over 4 years in CA and my wife has never consummated the marriage and has apparently used me to gain citizenship in the US and be intimate with her girlfriend whom I thought was just our roommate. She promised me intimacy and kept putting it off and when I really started getting suspicious she hurried to get her citizenship and had her serve me with a divorce papers. I’m on Social Security and she is making 7 times my income annually (as a nurse) and wants to pay for nothing.
Asked on September 15, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. What you wish to obtain is called a judgement of nullity where the courts make a determination that the marriage never was rather than it was and it is now over. It is my understanding that the type of fraud must go to the core or essence of the marriage. Your allegation of the misrepresentation or concealment must have been "vital to the relationship," directly affecting the purpose of the deceived party in consenting to the marriage/domestic partnership. Here your wife had a concealed intent not to engage in sexual relations with you and concealed her true sexual identity will support a judgment of nullity on the ground of fraud. Good luck.
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