Thursday, March 17, 2011

CAN I ANNUL A MARRIAGE IF MY HUSBAND MARRIED ME ONLY FOR IMMIGRATION PURPOSES?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I annul a marriage if my husband married me to get proper immigration status in California? Are there any grounds to turn my divorce into an annulment? I found out the illegal immigrant I married used me to get his work permit. I made this discovery about three weeks into my marriage. I filed for a divorce the moment I discovered this. I have not seen him since, as he disappeared after immigration denied his applications.

ANSWER: It is certainly possible, but you would be safest if you filed a case for annulment AND for a dissolution of marriage in the alternative, so that if the judge denies the annulment, you can just do a dissolution of marriage prove-up at the same hearing, instead of having to start over from scratch with a separate divorce case.

If your petition sought only divorce, and not annulment, you would have to amend your petition to add annulment to the relief requested, and to have the amended petition served on your husband.

If you already had your husband served with the divorce petition before he disappeared, and if he filed a Response to your petition, you would have to file (and serve) a Notice of Motion requesting court permission to allow you to amend your petition, with a copy of your proposed amended petition attached.

If your husband hadn't been served or hadn't filed a Response to your petition, you could merely amend your petition without the need for a Notice of Motion.

However, you would need to have your husband served with the amended petition, which under your circumstances, may prove difficult. If you get to that point and you and your investigator can't locate your husband, you and/or your attorney can seek an order of the Court to allow you to provide constructive notice to your husband of the amended petition via publication.

Granting an annulment is discretionary, and not guaranteed. The "fraud" must go to the heart of the relationship, and different judges may view your situation differently.

Your chances of getting an annulment would be best if you retain an experienced Family Law Attorney to represent you in your case.

This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net

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