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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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when my husband was 16 he was convicted of felony molest.

Customer Question

when my husband was 16 he was convicted of felony molest. I did not find out about this until We were married. I have a teenage child, is that fraud and grounds for an annulment?
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.
What is your state?
Customer: replied 5 years ago.
california
Expert:  Daniel Solutions replied 5 years ago.
Yes you could seek an annulment based upon Fraud. The courts in California has issued annulment to a Wife, who was induced to marry by Husband's false representations he was an honest, law-abiding, respectable and honorable person and that he had a child who was well provided for, was entitled to a judgment of nullity on the ground of fraud where Husband had in fact been convicted of grand theft, was a parole violator and a fugitive from justice, and was guilty of failure to support his children from a prior marriage. Based upon the prior mentioned case I would believe you could obtain an annulment too.
Customer: replied 5 years ago.
I read this on the internet already, do you have anything else? Does it matter her committed the crime when he was a minor?
Expert:  Daniel Solutions replied 5 years ago.
No it doesnt matter because it was the failure to disclose that creates the fraud.
Customer: replied 5 years ago.

good, how can i prove he did not tell me. His mother told me but now is upset i am annuling the marriage.

 

Expert:  Daniel Solutions replied 5 years ago.
If you do not have any independent proof of the proof then it will turn upon credibility of you versus your husband and who the judge will believe. If you have emails, statements or anything to support your claim that would help but without such proof it turns upon credibility.
Customer: replied 5 years ago.
sorry for the delay, I went into my emails but the email does not say the charge but the date is well after the marriage. Is there a time frame to file for annulment once the fraud is discovered?
Expert:  Daniel Solutions replied 5 years ago.
You would have to file close in time to the discovery or your husband could argue that you forgave the nondisclosure and you ratified the marriage. It will be up to the judge in his/her discretion to decide.

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