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I filed for divorce in Dec. last year because of constant…

I filed for divorce in...
I filed for divorce in Dec. last year because of constant verbal/emotional abuse from my husband after our daughter was born in July 2017, and we have a temporary order in place right now. My husband just filed for Complaint for Annulment and I was served last Saturday. He claimed that he was induced to the marriage and I only married him for green card. We got married in August 2016 and have a 7 and a half month old daughter. I guess he just wants full custody of our daughter and get more child support from me since my salary is doubled of his. I am wondering what evidence he can show that he was induced to the marriage.
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Answered in 10 minutes by:
3/12/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,617
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am terribly sorry to hear this;

The party alleging the annulment has the burden of proving the alleged ground; so if one is essentially claiming immigration fraud they would need to prove that with clear and convincing evidence.

The court will consider things such as whether the parties "appear married" ( do they live together? Do they have intimate relationships? do they have children together?)

They may also consider whether one party misrepresented their status (ie religion, education, background etc).

Please see:

https://www.mass.gov/service-details/find-out-if-youre-eligible-to-get-an-annulment

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Customer reply replied 4 months ago
Because my job is 50 miles away from my husband’s house and he refused to move anywhere closer to me, I have been living in my condo closer to my job during the week and stayed at his house during weekends during the past two years and I lived in his house full time while on maternity leave. I have been trying to find a job closer to his house but didn’t have the luck since he lives in an isolated country area and my job has to be with multinational companies.
We had a prenup in place because he insisted to have one. We have a joint account but he refused to put any money in and I put in some money for grocery shopping for both of us.
Anything else you have experienced that people may use as evidence? Thanks!

So long as there is a justification for separate households (usually due to work conditions) {and this is becoming more common in today's market where spouses have 2 maintain 2 households due to location of employment}

A prenup does not affect the validity of the marriage as many people have prenups simply to protect assets.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,617
Experience: Experienced Family Law Attorney
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