annulment after 15 years?

[married_tomoron]

What is the name of your state? CA
So heres a quick breakdown.....Married in 1991
I filed for divorce aug 30th 2006. Husband filed a response requesting an annulment based on fraud. (mainly because of spousal support issues)
He is using my criminal record from 1989 to do this. I did tell him about my record before we got married. I know that he is lying and saying he didn't know. He knew what charges I was convicted of. He is saying that he didn't know what was the details were (which he did), and if he had then he wouldn't have gotten married. How do I fight this?
He has his own criminal record from 1989 too.
What are the chances of the annulment actually happening?
Is there anything that I should do about his response?

 

[Happy Trails]

What is the name of your state? CA
So heres a quick breakdown.....Married in 1991
I filed for divorce aug 30th 2006. Husband filed a response requesting an annulment based on fraud. (mainly because of spousal support issues)
He is using my criminal record from 1989 to do this. I did tell him about my record before we got married. I know that he is lying and saying he didn't know. He knew what charges I was convicted of. He is saying that he didn't know what was the details were (which he did), and if he had then he wouldn't have gotten married. How do I fight this?
He has his own criminal record from 1989 too.
What are the chances of the annulment actually happening?
Is there anything that I should do about his response?

I can only offer you this link that may give you some reassurance.

You'll have to copy and paste: http://www.cadivorce.com/library/divorcebasics/ldbdivorceprocessalternatives.shtml

Perhaps someone else will be able to add something.

 

[ceara19]

What is the name of your state? CA
So heres a quick breakdown.....Married in 1991
I filed for divorce aug 30th 2006. Husband filed a response requesting an annulment based on fraud. (mainly because of spousal support issues)
He is using my criminal record from 1989 to do this. I did tell him about my record before we got married. I know that he is lying and saying he didn't know. He knew what charges I was convicted of. He is saying that he didn't know what was the details were (which he did), and if he had then he wouldn't have gotten married. How do I fight this?
He has his own criminal record from 1989 too.
What are the chances of the annulment actually happening?
Is there anything that I should do about his response?

Since it could be difficult for either of you to PROVE whether or not your record was disclosed before the marriage, it could come down to WHAT crimes you committed. If you were a "black widow" and poisoned your first 3 husbands, his case would be much more convincing than if you were arrested for shoplifting. Do you have any children together?

 

[married_tomoron]

No children, we had a recent miscarriage which is good considering the direction the divorce has turned.
The conviction was a serious felony, not against any husband's though. since that time though I have never been in trouble, not even a speeding ticket.
I do have some evidence that shows that he knew, I have letters that he wrote to me while I was incarcerated, no dates on them though. Although one does mention getting out and so on. It also mentions how hard it was for him when he was locked up too.
The other thing is that he only brought all of this up after I filed for divorce( he cheated and has since moved in with her) and the words support and property division came up. The proof he is claiming is a few pages of my record which he went and got eight days after filing for the annulment.
What would be his burden of proof to show that he didn't know? is just getting my record enough or wouldn't he have to show when and how he found out??? From what I have read doesn't the burden to show that he didn't know fall on him?

 

[ceara19]

No children, we had a recent miscarriage which is good considering the direction the divorce has turned.
The conviction was a serious felony, not against any husband's though. since that time though I have never been in trouble, not even a speeding ticket.
I do have some evidence that shows that he knew, I have letters that he wrote to me while I was incarcerated, no dates on them though. Although one does mention getting out and so on. It also mentions how hard it was for him when he was locked up too.
The other thing is that he only brought all of this up after I filed for divorce( he cheated and has since moved in with her) and the words support and property division came up. The proof he is claiming is a few pages of my record which he went and got eight days after filing for the annulment.
What would be his burden of proof to show that he didn't know? is just getting my record enough or wouldn't he have to show when and how he found out??? From what I have read doesn't the burden to show that he didn't know fall on him?

Since he wrote to you while you were in prison, he will have a hard time explaining how it was that he had no idea of your "criminal past". How does he plan on explaining the correspondence? Is he going to try and claim that he though you were a guard as opposed to an inmate? Let him waste his money trying to have the marriage annulled. In the mean time, if you don't already have an attorney, GET ONE! Then ask your attorney to try and use his adulterous affair as leverage in the property settlement.

 

[married_tomoron]

I don't know really how he plans to explain it away... I think maybe that he his just hoping that the few pages that he copied from my record is enough to make the judge not like me.
I know the whole thing is stupid and obvious.
I think I just worry because sometimes life seems to protect the idiots in life.
Thanks for responding.

 

[moburkes]

Is he going to try and claim that he though you were a guard as opposed to an inmate?

That was funny!

 

[ceara19]

I don't know really how he plans to explain it away... I think maybe that he his just hoping that the few pages that he copied from my record is enough to make the judge not like me.
I know the whole thing is stupid and obvious.
I think I just worry because sometimes life seems to protect the idiots in life.
Thanks for responding.

It really doesn't matter if the Judge LIKES you. If Judges based their rulings on their own personal bias, they would be a Judge for very long. The Judge in my divorce case wasn't very fond of me (for reasons of which I was COMPLTELY responsible for) but my case was LEGALLY sound and the ruling was in my favor.