Do I have a annulment case?

[missb]

What is the name of your state? CALIFORNIA

Hello, I have been doing a lot of research on annulment cases, and I'm hoping that I can get some advice here. This is my situation in a nutshell: In 2003, I married someone who would be incarcerated for the next 16 years. We didn't have any type of relationship prior to his incarceration further than friendship. After writing eachother friendship letters back and forth for about a year, he told me he was in love with me and wanted to be with me forever. I accepted his marriage proposal thinking that we were getting married out of love. After about two years of a rollercoaster marriage, he sent his mother to my house to take back the wedding ring that she gave me, and told me that he wanted a divorce because I never sent him any money or came for conjugal visits. So the marriage ended that day, we haven't had any communication since (this was 2005). A couple of months later, he sent a letter to a mutual friend, stating that I never did anything for him, never sent him any money, saying that he was only using me, and then called me every disrespectful name you can think of. I asked my friend if I could take the letter to court to use as evidence for FRAUD. Do you think I have a case? Thank you to those who read this, and respond!What is the name of your state?

 

[Ohiogal]

Nope. That is NOT fraud. That is bitterness and hurt but not fraud. You KNEW he was in prison. You knew his situation before you married him. This is not something that court would consider fraud.

 

[missb]

I didn't say anything about me being hurt or bitter. I have no hard feelings, I was actually relieved when the marriage was over. If some one led you to believe that they wanted to marry you for love, and then they admit after the fact that they had ulterior motives and didn't ever really love you or planned on continuing a relationship with you if you didn't supply them with money, how is that not fraud? To the person that responded, This quesion has nothing to do with me knowing whether or not he was in prison. People who marry people in prison are not required to be there ONLY to send money and come for family visits. That is not a given, although that is the case in some situations, but not this one. Also I do not see how you got out of it that I was hurt or bitter. I am just trying to figure out the proper proceedure to end this. I tried to start the divorce case, but after filling out some of the forms, it just didn't seem liked they applied to my situation. If we had lived together or still communicated after I found out about the FRAUD, then it wouldn't be a case. I still feel like I have a chance. Any other opinions?

 

[moburkes]

I didn't say anything about me being hurt or bitter. I have no hard feelings, I was actually relieved when the marriage was over. If some one led you to believe that they wanted to marry you for love, and then they admit after the fact that they had ulterior motives and didn't ever really love you or planned on continuing a relationship with you if you didn't supply them with money, how is that not fraud? To the person that responded, This quesion has nothing to do with me knowing whether or not he was in prison. People who marry people in prison are not required to be there ONLY to send money and come for family visits. That is not a given, although that is the case in some situations, but not this one. Also I do not see how you got out of it that I was hurt or bitter. I am just trying to figure out the proper proceedure to end this. I tried to start the divorce case, but after filling out some of the forms, it just didn't seem liked they applied to my situation. If we had lived together or still communicated after I found out about the FRAUD, then it wouldn't be a case. I still feel like I have a chance. Any other opinions?

Honey - people in prison need friends. Half the sh!t they say is untrue. Starting with "It wasn't me", then followed by "I was at the wrong place at the wrong time", shortly followed by "I was set up", get the picture?

No, it wasn't love. I could have told you that prior to the marriage, and so could all of your girlfriends, their mothers, their cousins, YOUR mother, your cousins, the man's MOTHER, etc.

(Hint: Stupidity is not a valid defense for annulment.) <--- You can take that however you'd like.

 

[missb]

Honey - people in prison need friends. Half the sh!t they say is untrue. Starting with "It wasn't me", then followed by "I was at the wrong place at the wrong time", shortly followed by "I was set up", get the picture?

No, it wasn't love. I could have told you that prior to the marriage, and so could all of your girlfriends, their mothers, their cousins, YOUR mother, your cousins, the man's MOTHER, etc.

(Hint: Stupidity is not a valid defense for annulment.) <--- You can take that however you'd like.

Maybe I came to the wrong place... I don't know who some of these people responding are, but I really hope that they are not lawyers. Honey, I am far from stupid. When I got married I was only twenty years old. I was just young, not dumb. This was someone I had been friends with since I was a teenager. I had every reason to believe that this person was in love with me and intended on being with me forever. When we got married he led me to believe that he had only been sentenced to 3 years for possesion of a firearm, and would be getting out shortly. His mother backed up what he said. After we got married it came out that he had actually been sentenced o 16 years for murder. I stayed with him because I thought we were in love. As soon as I found out the truth about how he really felt about me, the relationship was over. How is that stupid? Well maybe I didn't make it clear, but I am seeking advice from lawyers not ignoramuses!

 

[moburkes]

Maybe I came to the wrong place... I don't know who some of these people responding are, but I really hope that they are not lawyers. Honey, I am far from stupid. When I got married I was only twenty years old. I was just young, not dumb. This was someone I had been friends with since I was a teenager. I had every reason to believe that this person was in love with me and intended on being with me forever. When we got married he led me to believe that he had only been sentenced to 3 years for possesion of a firearm, and would be getting out shortly. His mother backed up what he said. After we got married it came out that he had actually been sentenced o 16 years for murder. I stayed with him because I thought we were in love. As soon as I found out the truth about how he really felt about me, the relationship was over. How is that stupid? Well maybe I didn't make it clear, but I am seeking advice from lawyers not ignoramuses!

His court case was public record.

 

[Golfball]

I didn't say anything about me being hurt or bitter. I have no hard feelings, I was actually relieved when the marriage was over. If some one led you to believe that they wanted to marry you for love, and then they admit after the fact that they had ulterior motives and didn't ever really love you or planned on continuing a relationship with you if you didn't supply them with money, how is that not fraud?

How is it fraud? Admitting that ulterior motives existed isn't fraud. If you don't have tangible damages, I would argue that it isn't fraud, since you have suffered no damage or injury. (Hurt feelings don't count.)

Even if you did send him money, if it was while you were married, it would be difficult to argue that it was fraud, especially if you were expecting nothing tangible in return.


Fraud would cover such things as claiming freedom to marry when one is not free to marry. (Age of consent, or a prior extant and currently valid marriage.)

Or immigration fraud.

To the person that responded, This quesion has nothing to do with me knowing whether or not he was in prison. People who marry people in prison are not required to be there ONLY to send money and come for family visits. That is not a given, although that is the case in some situations, but not this one. Also I do not see how you got out of it that I was hurt or bitter. I am just trying to figure out the proper proceedure to end this. I tried to start the divorce case, but after filling out some of the forms, it just didn't seem liked they applied to my situation. If we had lived together or still communicated after I found out about the FRAUD, then it wouldn't be a case. I still feel like I have a chance. Any other opinions?

Getting a (legal) annullment is probably not going to happen.


(An ecclesiastic annullment is a different kettle of fish, but not within the scope of this site, and would have no legal bearing in any case.)

 

[Golfball]

Maybe I came to the wrong place... I don't know who some of these people responding are, but I really hope that they are not lawyers.

At least one person who has responded to you is a licensed attorney.

Honey, I am far from stupid. When I got married I was only twenty years old. I was just young, not dumb.

The two adjectives can be used synonymously more often than not.

This was someone I had been friends with since I was a teenager. I had every reason to believe that this person was in love with me and intended on being with me forever. When we got married he led me to believe that he had only been sentenced to 3 years for possesion of a firearm, and would be getting out shortly. His mother backed up what he said. After we got married it came out that he had actually been sentenced o 16 years for murder. I stayed with him because I thought we were in love.

You *might* have been able to get an annullment then. No guarantees obviously, but if you had gone down to the courthouse the day you found out that his sentence was really 16 for murder, rather than 3 for firearm possession, you might have been able to make a case. The question of why you didn't check on the criminal conviction before getting hitched to the bum would still come up, though, and might be sufficient to defeat an annulment.

Now, however, it is waaaay too late to claim an annulment for the circumstances you're describing.

As soon as I found out the truth about how he really felt about me, the relationship was over. How is that stupid? Well maybe I didn't make it clear, but I am seeking advice from lawyers not ignoramuses!

You married a prisoner, and didn't verify the public records part of the cases.

 

[missb]

Well thanks to those of you who responded, but like I previously said, maybe I came to the wrong place. I mentioned that I had been doing lots of research on this, so I have a lot of knowledge about annulment/ fraud cases. I just wanted to hear a lawyers opinion. To those NON-LAWYERS who were so quick to tell me I don't have a case, you might want to do a little more research before you start giving people legal advice. "Fraud" can be on the ground that the person concealed facts that if known would have prevented you from entering into the marriage. (My Situation!) There are alot of different intances of FRAUD, I did my research. Anyway, no more replies needed!!! Bye....

 

[TinkerBelleLuvr]

Dear Missb,

People in prison (not all mind you) tend to be in prison because the aren't necessarily honest (thieves, robbers, etc) or don't like live within the rules. That the husband was dishonest - not a basis for a 'fraud' case considering where he already was.

 

[Just Blue]

Well thanks to those of you who responded, but like I previously said, maybe I came to the wrong place. I mentioned that I had been doing lots of research on this, so I have a lot of knowledge about annulment/ fraud cases. I just wanted to hear a lawyers opinion. To those NON-LAWYERS who were so quick to tell me I don't have a case, you might want to do a little more research before you start giving people legal advice. "Fraud" can be on the ground that the person concealed facts that if known would have prevented you from entering into the marriage. (My Situation!) There are alot of different intances of FRAUD, I did my research. Anyway, no more replies needed!!! Bye....

You got a lawyers opinion. But if you are SOOOOO knowledgeable on the subject why are you here and not out filing for your annulment??

 

[missb]

Dear Missb,

People in prison (not all mind you) tend to be in prison because the aren't necessarily honest (thieves, robbers, etc) or don't like live within the rules. That the husband was dishonest - not a basis for a 'fraud' case considering where he already was.

Dear Ginny J,

I just had to reply and thank you for not being rude, because I didn't come here to be insulted, I just simply wanted some legal advice. However, I still am going to consult with a lawyer, because I think once I tell them the WHOLE situation, I may have a case. But thank you again for replying with some sense!

 

[missb]

You got a lawyers opinion. But if you are SOOOOO knowledgeable on the subject why are you here and not out filing for your annulment??

And to you, sweetheart, I actually filed my initial paperwork for the annulment weeks ago, thank you very much!!! I still wanted some legal advice, that's why I came on here, since you must know!!! QUESTION, do you people (with the exception of a few) come on here just to be rude with people who are simply asking for advice? Is that what brightens your day? Some people reallyneed to get a life!!!

 

[moburkes]

Some people reallyneed to get a life!!!

Like yours? Trying to spend thousands of dollars to get away from your "spouse"?

 

[Just Blue]

And to you, sweetheart, I actually filed my initial paperwork for the annulment weeks ago, thank you very much!!! I still wanted some legal advice, that's why I came on here, since you must know!!! QUESTION, do you people (with the exception of a few) come on here just to be rude with people who are simply asking for advice? Is that what brightens your day? Some people reallyneed to get a life!!!

The ATTORNEY that answered you in the first response was NOT rude...blunt yes...but not ride. You however WERE rude to HER! Go and handle this yourself. We are done.