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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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How do I prove that my spouse married me in a non bona fide

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How do I prove that my spouse married me in a non bona fide manner? How do I prove marriage fraud in Ohio?

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Basically, you’ll need to prove that the other party made an intentional misrepresentation of fact that you relied upon to enter into the marriage. This could be anything and it would be up to you to prove that your spouse a) intended to defraud you; b) that it was a material fact (meaning that it wasn’t a white like such as, “I am a nice guy,”): and c) that you relied on this misrepresentation to enter into the marriage. Because I am not 100% aware of anything that your spouse told you, you’ll have to make that connection yourself. However, if you do, then you can prove the fraud under ORC 3105.31.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 2 months ago.
he basically only married me because I was pregnant. 1 month after our child was born he filed for divorce and is now fighting for sole custody. He used me as a surrogate mother 100%. I just need to be able to prove this in court.
I have some audio recordings but I am not sure that would suffice.

I see what you mean. I'm so sorry about that. It's not very fair. If you have reason to believe and you can prove that he only married you to be a surrogate, then you may be able to have your marriage annulled on the grounds of fraud. Again, I'm so sorry.

Customer: replied 2 months ago.
Additionally, it is probably important to add that he filed a false domestic violence action against me on behalf on my infant son stating that I was negligent towards him and never fed him which was a complete lie. He has completely tried to blacken my name and my reputation. My breastfed infant was ripped away from me at 4 months old and now he has gotten an unfair advantage in the custody fight and has half the time with a small infant like this that desperately needs his mom.
Customer: replied 2 months ago.
He got a TPO on behalf of my son is what I meant to say. The case was later dismissed but it cost me $11,000 to fight in court.

I'm so sorry to hear about this. It could be further evidence that he never intended to actually enter into a marriage with you. If he's doing these things, which is extremely out of the ordinary for most fathers to do such a thing, Then you can make an even better case. Keep in mind that if you file this action, they judge is going to heavily scrutinized both your claims and the other party's actions. If you can make a convincing argument that the other party's actions were just not consistent with somebody that intended to stay in a relationship, then you would be able to get your marriage annulled and you would be able to move on. Did you have any other questions for me?

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Customer: replied 1 month ago.
Hi! Thank you for your response. Do you know what kind of evidence I would need to present to the court?

Good question. Generally, you'll need to present some evidence that he intended to take these actions. Intent can be difficult to prove, and it will be circumstantial, but you'll have to just show there is a short logical gap between his intent and the fraud.

Customer: replied 1 month ago.
Great, thank you.
If we currently have a divorce case number ***** we be assigned another one for the annulment? I just want to make sure we get a different Judge for this matter. Would it be possible to request a different Judge for the annulment?

Good question. If you file for a different cause of action, you should get a separate case #***** You may request a different judge, but the court isn't required to replace the judge unless there's misconduct or a serious conflict of interest.