Legal Question in Family Law in California

Assuming a couple is seeking to have a marriage annulled under the grounds that the marriage was fraudulently entered into by one of the parties as a result of misrepresenting their intentions to marry to the other party, and, the judge rules that indeed fraud took place and grants the annullment. (both parties are US citizens, this is not an immigration issue)

My question is, what could the consequences be to the party who was found to be at fault? (i.e. commited the fraudulent act) Would it be the same as any conviction for fraud? Would it be part of a criminal record, affecting credit, employment, etc... Would it be on public record? Essentially, I'm asking how serious of an offense would this be beyond the scope of getting an annullment. Thank you.


Asked on 8/30/09, 11:17 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

There should be no criminal consequences. I am not aware of anyone being prosecuted for fraud in entering into a marriage.

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Answered on 8/30/09, 11:34 pm
PATRICK MCCRARY PATRICK MCCRARY

A civil fruad in the inducement of marraige would seldom rise the level of a crime. Even if it did there would need to be a complaint to the district attorney or nothing would happen. Good Luck, Pat McCrary

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Answered on 8/31/09, 12:34 pm


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