TallMikey
recently joined
Reged: 01/19/08
Posts: 2
|
|
Hello, my wife, who is from Thailand, and me have been married less than a year. She came over on a fiance visa. I believe I have enough of a case to annull (cancel) the marriage based on the fact she lied about some things. I actually would like to file both for a Summary Dissolution Divorce (easy divorce here in California) and also an Annulment at the same time. If she agrees to the terms of the divorce, and basically doesn't make things difficult, I will progress with that. However if she does not make things easy, I would take the steps to annul the marriage. Can I do both? Anyone have any other advice for me?
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
|
[quote]Hello, my wife, who is from Thailand, and me have been married less than a year. She came over on a fiance visa. I believe I have enough of a case to annull (cancel) the marriage based on the fact she lied about some things. I actually would like to file both for a Summary Dissolution Divorce (easy divorce here in California) and also an Annulment at the same time. If she agrees to the terms of the divorce, and basically doesn't make things difficult, I will progress with that. However if she does not make things easy, I would take the steps to annul the marriage. Can I do both? Anyone have any other advice for me? [/quote]
Basically, you are telling us that you are trying to bully your wife into doing things your way.
|
Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
|
|
I am not sure it is bullying, what I would ask is what are the advantages and disadvantges to you and to her. Right now it seems like a negotiation, like anyone does with marital assets, you give you get.
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
|
|
[quote]I am not sure it is bullying, what I would ask is what are the advantages and disadvantges to you and to her. Right now it seems like a negotiation, like anyone does with marital assets, you give you get. [/quote]
If the marriage is annulled, the wife gets deported. If it goes through as a divorce, the wife doesn't get deported.
He is definitely bullying her.
|
googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
|
|
That's quite a leap in logic .
--------------------
Careful. We don't want to learn from this.
|
googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
|
|
To answer your question , you can ONLY file for one or the other . Annulment is only a possibility under limited circumstances ; when one party is a minor , either or both are legally married to another , one party is of " unsound mind " , coercion , fraud & physical incapacity . Lies may/may not meet the justification for fraud .
--------------------
Careful. We don't want to learn from this.
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
[quote]That's quite a leap in logic . [/quote]
Did you expect any less?
--------------------
GO CUBBIES!!!!
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
[quote]To answer your question , you can ONLY file for one or the other . Annulment is only a possibility under limited circumstances ; when one party is a minor , either or both are legally married to another , one party is of " unsound mind " , coercion , fraud & physical incapacity . Lies may/may not meet the justification for fraud . [/quote]
Depends on what she lied about probably but that is the angle I would go with.
--------------------
GO CUBBIES!!!!
|
TallMikey
recently joined
Reged: 01/19/08
Posts: 2
|
|
Actually she did defraud me, I have e-mails and chat logs to her friends in Thailand that she flat out lied to me in order get a Visa and live in this country, for what it's worth. It's been less than a year, and as I understand it, those facts would be enough to be called Fraud.
Maybe I am too nice but I am giving her the option of staying in this country. However I don't want to get taken advantage of if I do let her do that. She is overall nice but can be vindictive.
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
You are being too nice.
--------------------
GO CUBBIES!!!!
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
