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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38225
Experience:  Attorney with 17 years experience
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My daughter has been granted an annulment based on bigamy from

Customer Question

My daughter has been granted an annulment based on bigamy from a New Mexico court; however, the marriage ceremony took place in Iowa. They were residents of New Mexico and had their marriage performed in Iowa, then returned to their home in New Mexico.
The question I have is can she sue for fraud based on the bigamy and if so where should she sue, i.e., Iowa or New Mexico? She left New Mexico after the annulment was granted and returned to Iowa. The bigamist is reportedly moving to Washington state within the next several months. They do own real property in New Mexico, however, someone is interested in buying the property.
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
She can sue wherever the person is physically located because she has to get personal jurisdiction over him to compel him to come to court. So wherever the person has lived at least 6 months or is currently physically located, she can sue him there for any damages she has incurred as a result of his fraud.
Customer: replied 2 years ago.
Please answer the first part of my question: can she sue for fraud based on the bigamy?
Expert:  Barrister replied 2 years ago.
can she sue for fraud based on the bigamy? Yes, as I mentioned earlier, she can sue him for fraud as long as she can prove some type of monetary damages to a judge or jury for his actions. Bigamy is a crime, but if she could prove intentional infliction of emotional distress, then she could recover civilly as well...thanksBarrister