Legal Question in Family Law in Texas

Annulment

My wife is from another country and I just found out she married to stay in this country. I have a release from the Immigration for her application and responcibility. I have a divorce filed but would like to amend it to an annulment. Can this be done? We are married 1 year 1 month before she disappeared and then she hired a lawyer to try to stop the divorce. He is a immigration lawyer. I have a letter she wrote also that says she was going to get married for status just to stay in the US. Her lawyer wants all that I own. The immigration dept says she is now illeagal and should not be working. Can I get the annulment from her?


Asked on 9/20/00, 1:17 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Annulment

The device of an annulment in the US is reserved for special situations usually involving fraud by one in inducing another to get married. A man who marries a woman who is incapable of having children, for instance, and who withholds that fact until after they are married, can probably get an annulment.

They are difficult to get however, and usually there is no good reason to do so. A divorce works so much better and easier in the law that one seeks an annulment only under certain limited conditions.

You can continue with your divorce action and save the time/money/energy already invested there, and there would seem to be no compelling reason to change at this late date.

Good luck.

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Answered on 10/20/00, 8:30 am
James Grissom Law Office of James P. Grissom

Re: Annulment

Just to add to Mr. Aspinwall's reply - TX is a community property state and your ex-wife will only be entitled to 1/2 of any property that is community in nature. Your lawyer should be able to assist you in protecting any separate property if possible.

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Answered on 10/20/00, 11:05 am


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