Legal Question in Family Law in Arkansas
how to go about annulment
married six weeks, defrauded me by maxing out my credit cards & bank account. no authorization was given for this. found out that the deception was taking place prior to marriage as well.
is this appropiate grounds for annulment? i do not want to file a divorce. what steps do i need to take outside of hiring a lawyer?
2 Answers from Attorneys
Defrauded by spuse
I strongly recommend you hire an attorney.Theonly thing that you can do is report thisfraud to the local police authorities.Requirementfor annulment vary from jurisdiction to jurisdiction. Contact the local bar associationif you do not know who to hire. This is a criminal matter as well as a civil domesticmatter. He may have done this to others foran individual like this has a certain patternof behavior. He also may have been guilty ofbigamy. For if he did it before he may havemarried other women.
Annulment and fraud
Marriage involves the "marriage contract." As such, contract conceptsof fraud apply to the marriage. This is the concept of annulment. Thefraud must go to the essence of the marriage or go to the issue ofconsent to enter into the marriage. Financial fraud may be adequategrounds for an annulment but it will depend upon the proof at trial. It isalso possible that financial fraud occurred but was not related to theissues relating to entering the marriage. If your spouse entered themarriage for the purpose of stealing your money, this probably would beadequate for an annulment. I question if your reluctance to get adivorce is related to religious concepts. If so, you should investigate areligious annulment and a civil divorce. It may be easier and cheaper toproceed this way than a civil annulment.