Family Law Questions? Ask a Family Lawyer Online.
spouse is in thailand, i am in cali. grounds would be deception, she did not tell me about 2nd child. however, i knew of this before marriage. there may be other secrets.......other deceptions?
Thank you for your follow-up.My apologies but an annulment based on fraud may not be possible. California law (which would govern as you are a resident in California) permits an annulment on basis of fraud if the fraud was material (significant) and unknown before marriage. Once fraud is recognized and known, if the marriage takes place, the parties are considered to have waived the conditions for fraud since the parties went ahead with the ceremony. If you found out about this child before marriage, that is no longer fraud and does not qualify for an annulment. You can seek a divorce, as that would be cheaper and potentially even faster than an annulment, but going solely by the facts you have provided, you do not quite show enough for an annulment to be the proper and viable option. If you can provide more information I can potentially re-evaluate the facts but so far I do not see the courts granting an annulment if you knew of this before you agreed to marry your spouse.Good luck.
grounds would have to be concern over lack of honesty regarding several issues around her family her failure to abide by agreements. Such as I put a deposit down for English lessons and gave the the balance in cash. She spent the money and never went to classes. I bought her a computer and she pawned it to pay debt of some type. So that seems to leave dishonesty and deceipt as grounds? I don't think she will get through the visa interview with her lack of attending to requirements. Possibly there was some sort of deception on her intent to come to cali? Maybe I am just fishing? would I have to go to thailand for divorce?
Thank you for your follow-up. To ensure I do not miss anything I will respond line by line.grounds would have to be concern over lack of honesty regarding several issues around her family her failure to abide by agreements.My apologies but that is not fraud. California calls this 'irreconcilable differences' and it is a divorce ground, not a basis for an annulment. Such as I put a deposit down for English lessons and gave the balance in cash. She spent the money and never went to classes. I bought her a computer and she pawned it to pay debt of some type. So that seems to leave dishonesty and deceit as grounds?It may be deceit but it is not fraud and is not grounds for an annulment. Fraud would be if she did not tell you of her children that you found out after you married, or that she is unable to have children but you married with th intent of having kids (and she knew she could not have children), or that she had an extensive criminal record that she failed to disclose. Spending your money in ways you did not wish is not grounds for an annulment, which is how the courts would see it. I don't think she will get through the visa interview with her lack of attending to requirements. Possibly there was some sort of deception on her intent to come to cali?That might be an issue. If you can claim or show that she married you solely for your citizenship, it could give rise to fraud and a basis for an annulment. I do not know if that is the case, I am merely providing you with an example. Maybe I am just fishing? would I have to go to Thailand for divorce?You are potentially making this too complicated. Filing for divorce may be easier, and you can file in California, there is no requirement that you file overseas.Good luck.
i see your point. how do i proceed? expenses? thank you, ken
Ken,It very much depends on what you wish to do. Expenses will rise if she fights the divorce (something that I cannot predict). You can potentially file for divorce on your own and without an attorney, then you only have about $300 or so in costs for filing. But if you retain counsel and she makes it difficult, you are looking at $6,000-$10,000 in attorney fees.Hope that helps and kindly do not forget to positively rate my answers to you so I may obtain credit. Thank you.
thank you, XXXXX XXXXX i think, i will give you best rating...............if i can get her to agree to uncontested divorce what is next step to file? or if I need to retain counsel, how to initiate?
Ken,I appreciate your words. To retain counsel consider browsing the listings at www.avvo.com and www.martindale.com. If you make her agree to not contest, either of you can file. You can file on your own without counsel, and find all the forms you need at the link below:http://www.courts.ca.gov/selfhelp-divorce.htmHope that helps!