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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33554
Experience:  Began practicing Family Law in 1992
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I would like to get an annulment and my husband will cooperate. We have a child. He is f

Customer Question

I would like to get an annulment and my husband will cooperate. We have a child. He is from Germany and returned shortly after our child was born. He misrepresented his intention of moving to the US and helping to raise our child. Can we have our marriage of 3 years annulled? We have no property together.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. It is very rare for a marriage to qualify for an annulment. The only one that might fit, under your facts, would be "fraud". This would not just be where one spouse lied to the other one but where either spouse perpetrated a fraud to obtain the other party's consent to marriage. The fraud has to go to the heart, or essence, of the marriage. This is most often used when one spouse lies to the other about wanting to get married but in reality does it just so they can stay in the United States. However, you can certainly try and use this reason to get an annulment and if that doesn't work then you have to get a divorce instead. To get an annulment you would want to hire a lawyer to file for the annulment and then the lawyer will prepare an affidavit for your husband to sign stating the facts on which you will rely. That will then be submitted to the court in a hearing along with an order of annulment.