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I need to know if I can get an annulment on the basis that…

I need to know...

I need to know if I can get an annulment on the basis that my wife did not disclose to me she was convicted of a felony

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 6 minutes by:
10/24/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's possible. An applicable ground for annulment in Florida is fraud or duress. To be construed as valid, a marriage must be entered into freely and voluntarily. The grounds for proving a fraudulent marriage include showing you were convinced to enter the marriage under false pretenses. For example, if your spouse knowingly lied about his ability to have children, it is considered a fraudulent marriage.

Now failure to disclose is a bit different than "active" fraud (knowingly lying about something). That is, if she said that she wasn't a felon and you relied upon that, that would be much clearer. But by not bringing it up, it's really only fraud if you can prove (as you have the burden of proof to establish fraud) that she knew that it was relevant, that you would not have married her if she had brought it up, and knowingly and intentionally did not bring it up so that you would marry her. If you could prove that, that would be the basis for an annulment. If not, you'd have to end the marriage through normal divorce procedures.

That being said, you need to contact an attorney in your area that deals with family law (divorce) cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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ScottyMacEsq
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Category: Legal
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
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