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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90982
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Dear Mr. Paul, Hope you are doing well, and in good health.

Resolved Question:

Dear Mr. Paul,
Hope you are doing well, and in good health. I was going through our conversations a while back, and I found that I could not resist another answer acceptance to show my sincere appreciation to your earlier advice.
Sir, I find myself back to -yes- the same 1st time lingering experience, which hasn't ended yet; as she has finally after 3 month, blessed me with a reply.
My Q. May I file for an annulment (now) in NV for a Margie that happened in Vegas, in April, 2011? Please note that she resides in CA, and I can legally prove that we lived together while married for only one month (give or take a few days).
Thanks again Paul, for your valued advice and answers.
Sincerely, Akram
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
If you are residing in NV for at least 6 weeks, you may file for an annulment in NV under the following conditions under Nevada Revised Statutes 125.320 to 125.350, which permit the annulment for a "voidable marriage." Potential grounds to declare a marriage voidable are: (1) Lack of consent of parent or guardian (for a minor less than 18 years old); (2) Want of understanding; (3) Fraud; or (4) Grounds for declaring a contract void in equity. “Want of understanding” is based on gross intoxication, insanity, or mental disability, etc. “Fraud” also can make a marriage voidable and this occurs where there is concealment of an issue central to the concept of marriage, such as inability or secret intent not to cohabit, have children, or have sexual relations.

It is the last category (“grounds for declaring a contract void in equity”) that encompasses many annulment claims in the modern era, based on such contract-like assertions as mutual mistake, undue influence, duress, negligent misrepresentation, etc.

 

If you can meet one of the above grounds, then you can file for an annulment and then if the court does not find you met your burden of proof, they will simply automatically convert it to a regular divorce.

 

 


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90982
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
I am residing outside of the US. And upon earlier advise from you, I had approached a firm in NV to represent me in this case.
I was hoping for Grounds for declaring a contract void in equity, upon receiving her concent. She has moved without involving me, and has just today sent in email to me after no responses to emails or calls for about 3 month.
May I still file for annulment via hiring a firm based in NV to represent me even though I am non US-citizen living in my home country (outside the US); or is I must be residing in NV (for at least six weeks) to permit me to file for an annulment in NV?

Mr. Paul please note, that I do Acept, and Appreciate the earlier answer you have kindly provided - but I just need this specific clarification. Thanks again for the valuble details.
Expert:  Law Educator, Esq. replied 2 years ago.
You can seek to file there as long as the cause of action accrued there, which in this case it did. You would need a NV firm to review your evidence to make sure they specify that the jurisdiction in NV is because the cause for the divorce happened in NV after the marriage was performed in NV. These firms pretty much have these petitions down to a science and unless she is going to litigate the matter it should not be an issue. Thank you.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90982
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Best news I've had in months, thank you.
Expert:  Law Educator, Esq. replied 2 years ago.
Best of wishes to you on this one and feel free to keep me posted.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90982
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
We'll do Mr. Paul.
Lol, I was just thinking of the scenario of No. 2 (as another wife) and can't help the feeling that you must have been surprised at times with your experience of re-occurrences of such cases.

While I do hope to continue to benefit from your valuable legal knowledge, and insight; I really do hope that it is for Other legal matters. No more legal separations Please God!

Once again, thank you sincerely, XXXXX XXXXX wonderful day.
Expert:  Law Educator, Esq. replied 2 years ago.
I hope that you do not face any more separations either. Good luck.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90982
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Mr. Paul,

I hope this message finds you well, and in good health. Congratulations on the Awards.

After nearly two months, she/wife has contacted me via email yesterday. In a very polite and nice emails she had informed me that she needs to
Customer: replied 2 years ago.
Hello Mr. Paul,I hope this message finds you well, and in good health; and Congratulations on the Awards.After nearly two months, she/the-wife has contacted me via email yesterday.  In a very polite and nice manner she had informed me that she needs to file a legal action in the US (unrelated to the divorce/annulment - her words), however the divorce needs to be finalized prior to starting the action.It's also worthy to note that, in one of her previous emails; she had asked me not file for divorce, as it would trigger collection amounts for outstanding student, and medical bills that were not settled.My 1st question is, If she were not to contest a divorce/annulment, would initiating anyone of them trigger collections on these unsettled amounts?  Basically, would I be liable to pay, even if she does not contest the divorce/annulment?My 2nd question is, Could the wife file a legal action against an x-husband, after a divorce/annulment is granted to the same husband?As always; eagerly await your kind response.  Thank you Paul for your support.And apologies for the cut off in my last message.Sincerely,Akram
Expert:  Law Educator, Esq. replied 2 years ago.
The fact is that once you filed divorce in the US, these debts are her separate debts for which she is liable in the US and when she comes to the US courts then those creditors can pursue her in the US courts.

You would not be liable to pay her separate debts, she would be liable for paying her own separate debts. She cannot file separate legal action against you for anything related to the divorce or the marriage.

As to what she needs to file now in the US, I really do not know, but this can be good for you to offer to her to settle the entire divorce/annulment for you to not continue pursuing this matter as you have been doing.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90982
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you

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