Q: If your husband uses fraud as a reason for annulment will that link your name in docs legally to fraud?
Should you fight the reason if it isn't fair even if you both just want it to be over.
A:
Using the word fraud in a petition for annulment is very common, and is not necessarily accusing you of anything illegal. To obtain an annulment, he must allege and prove that there was some legal impediment to the marriage. By using the word fraud, he is alleging that there is something he found out after marriage that, had he known prior to marriage, he would not have married you.
So, while I am not worried about the word fraud, it is nonetheless very important that you decide how annulment might affect you versus a standard divorce. Whether you proceed by divorce or annulment WILL impact the division of property and debt that was accumulated during the marriage. If the marriage is annulled, there is a different division than if the marriage is dissolved, since no "community property" is accumulated if the marriage is annulled.
Also, a Decree of Annulment creates the fiction that you were never married, and thus eliminates the potential award of spousal maintenance.
SO, it is of course wise to consider the financial impact of proceeding in one manner versus another.
A qualified and experienced family law attorney can of course assist you in considering your options
and then getting where you need to be. Most of us offer free, 1/2 hour consultations, in which your
matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your
matter and develop a plan. I would encourage you to quickly schedule this free consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
