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I requested advice from your staff 18+- months ago regarding my bother-in-law's "quickie Vegas" wedding to a woman 14 years his senior (daughter of close friend/neighbor). They have NEVER cohabitated. Recently, having tired of his wife's procrastination, HE informed her mother of the marriage. Their attempt to sell HIS house failed (thankfully) due to the current recession, so he is renting it due to financial necessity. He is currently residing with HIS mother, just across the street from his wife and mother-in-law. He has meals with his wife and mother-in-law and does their household chores. We have learned: * His wife is twice divorced. * Her family secretly divulged her long history of financial problems (credit defaults, etc). * Since their marriage, they've acquired multiple credit accounts/loans ($50 k). * Due to ongoing health issues (breast CA recurrence) she has just dc'd her RN job and is now on "disabilty". Can this 2 year old marriage still be annulled?
Where does the couple reside? What state and for how long?Thank you
They both presently reside in Maryland, but were married in Las Vegas Sept 2007. He is a lifetime Maryland resident. She resided in New Hampshire with Husband #1; moved to Maryland with Husband #2 (marriage annulled); has been a Maryland resident about 4-5 years. ALSO... the loans they acquired include her new truck, a kitchen remodel at her mother's house (where she also resides), and furniture. Joint credit card accounts are also a factor. They file taxes independently. The response to my original JUST ANSWER query last year stated something pertaining to "Fraud" as a possible reason for annulment. * Is "fraud" still a viable reason at this point in time? * Does it matter WHEN he learned of her "financial indiscretions"? * Will his co-signature of the loans make him culpable and subject to payment should the marriage end? * Can the term "fraud" be applied in the matter of a "fraudulent" promise of marriage (cohabitation, etc)? His wife has refused to live with him in his house, yet the promise of his moving in with his wife and mother-in-law has not come to fruition. My brother in law has always insisted that he loves this woman, however I believe after 2 years of "excuses and broken promises", he is beginning to have doubts and regrets. I am trying to convince him to seek legal counsel in this matter, however I think he is concerned about amassing further (legal) debt, and in general -- he's justifiably depressed, humiliated, and overwhelmed by the situation. Please, any "positive" advice you might provide may allow him to see that his situation is not unusual nor hopeless. Thanks
Most likely he will need to proceed with a divorce rather than annulment. Maryland does allow for annulment which is either based on the premise that a marriage never actually existed which is not applicable here or one of the following: bigamy, lack of consensual age, no intent to marry or incapacitation due to insanity, intoxication, fraud, or duress. Maryland courts have a preference for divorce and very rarely grant an annulment. The mentioned items due not appear to rise to the level of fraud typical of an annulment. The following is a Maryland court's outline of the divorce process, at: http://www.courts.state.md.us/faq.html#divorceThe courts also provide forms for unrepresented parties who intend to divorce, at: http://www.courts.state.md.us/family/forms/domrel.htmlThank youPlease click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
Thanks for the info. Sorry to hear that the situation has advanced to "divorce" status here in Maryland. At this point in time, can he still seek annulment in Las Vegas, and if so, does it have to be "uncontested"? And --- just for curiosity sake, do you think he could have been granted an annulment in Maryland or Las Vegas very early on in the marriage based on "fraud" (undisclosed past re: financial status) or perhaps any "other" basis? Thanks again for your time and "expertise".
Annulment is a possibility in Nevada due to the marriage taking place in Las Vegas, but the majority of situations require a divorce. Nevada has a short six week residency requirement for divorce. As to whether annulment would have been granted, there is the potential that he could have successfully raised a fraud, lack of understanding, or lack of intent argument. This is difficult to predict. He may consider speaking with an attorney in Nevada about an annulment attempt now. Generally, annulment is not permitted in Nevada if the couple cohabitated after discovery of the fraud.Thank youPlease click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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