Legal Question in Family Law in New York
Annulment
I am interested in getting an annulment with my spouse, we have been married under 3 years (3 years will be June 14th) and he came to the USA from Morocco on a fiance visa sponsered by me. I want to annull based on FRAUD for marrying to obtain a green card. I told him I wanted a separation and he told me he wouldn't sign because it is bad for his immigration situation and he wants to stay married = that he would sign the papers after his immigration went through and he got his card.
What do I have to prove to annull the marriage? How can I prove it is FRAUD? WHat evidence is required? All I have pretty much is that I paid for EVERYTHING and what he stated to me, I did text a friend when it happened, and called my parents and told them about it, I am wondering if they could be the proof I need?
That is my first question. Also - how do I file for an Annulment? Thank you very much!!!!!!!!!!!!!!!!!!!!!!!
1 Answer from Attorneys
Re: Annulment
"In an action to annul a marriage on the ground of fraud, the plaintiff must show that there has been an intentional misrepresentation of an existing material fact bearing directly upon the marriage state and the health and happiness of the one who was misled thereby into contracting the marriage, although such misrepresentation may be one of omission and need not be an express misrepresentation. Fraud is material to the marriage where the spouse seeking annulment relied on the premarital representations to the extent that, had such representations not been made, he or she would not have consented to the marriage." NYJUR DOMESTREL � 238 (2008).
IMPORTANT, statute of limitations to annul a marriage on the ground of fraud is three years. NY CPLR 214(6).
Mike
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