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Do I have grounds for annulment, please advise.

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the vet

Junior Member
What is the name of your state (only U.S. law)? PA.

I am married to my wife for nearly 1 year now. She is a european immigrant and at the time of our marriage she was in America on a visitors visa.

Since we are legally married and at the time of our marriage I honestly loved her I didn't find any problem with me helping her obtain citizenship through the proper channels. However, shortly after we were married my wife basically broke all agreements with me that we had prior to marriage - For example, since she lives in New Jersey she agreed to move to Pennsylvania with me - She also became very distant and through her actions she made it obvious she was not in our marriage for love. She still remains in New Jersey and we haven't spoken in nearly 4 months due to her refusal to be my wife not just on paper. She refuses to spend time with me, have sex etc.. because as she says "we always fight".

I basically want this marriage to be looked at under the law as never existing. After being married for almost a year can I have it annulled or nullified?
 


seniorjudge

Senior Member
http://law.onecle.com/pennsylvania/domestic-relations/00.033.003.000.html

http://law.onecle.com/pennsylvania/domestic-relations/index.html


Do you have a void or voidable marriage under Pennsylvania's statutes?
 

the vet

Junior Member
http://law.onecle.com/pennsylvania/domestic-relations/00.033.003.000.html

Domestic Relations - 23 Pa. Cons. Stat. - Pennsylvania Attorney Resources - Pennsylvania Laws


Do you have a void or voidable marriage under Pennsylvania's statutes?

Would it be accurate to say this section of the Pennsylvania marriage law would apply to my case? Using common sense I would believe my marriage is voidable, but that is why i'm double checking with this forum. Thank you.

(5) Where one party was induced to enter into the
marriage due to fraud, duress, coercion or force attributable
to the other party and there has been no subsequent voluntary
cohabitation after knowledge of the fraud or release from the
effects of fraud, duress, coercion or force.
 

seniorjudge

Senior Member
(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.

What facts do you have to show that any of these happened?

It's cheaper and easier to get a divorce.
 

the vet

Junior Member
(5) Where one party was induced to enter into the marriage due to fraud, duress, coercion or force attributable to the other party and there has been no subsequent voluntary cohabitation after knowledge of the fraud or release from the effects of fraud, duress, coercion or force.

What facts do you have to show that any of these happened?

It's cheaper and easier to get a divorce.

As far as facts can I bring up the issue that she never moved in with me, she refuses to communicate with me, denied counseling, and leads her own life in New Jersey while I remain in Pa. I'm not sure but perhaps she has fraudently led me into this marriage under the impression she would be my wife. To date she has not fulfilled any of her duties as my wife.

I understand a divorse is easier but i'm recovering from an injury and barely can afford necessities the way it is, and I would like to have it recorded that this marriage never even existed to begin with. That is why I turneds to this web site. Perhaps you can show me advise me if there are any elements in my marriage that would lead to annulment.
 

Zigner

Senior Member, Non-Attorney
As far as facts can I bring up the issue that she never moved in with me, she refuses to communicate with me, denied counseling, and leads her own life in New Jersey while I remain in Pa. I'm not sure but perhaps she has fraudently led me into this marriage under the impression she would be my wife. To date she has not fulfilled any of her duties as my wife.

I understand a divorse is easier but i'm recovering from an injury and barely can afford necessities the way it is, and I would like to have it recorded that this marriage never even existed to begin with. That is why I turneds to this web site. Perhaps you can show me advise me if there are any elements in my marriage that would lead to annulment.
A divorce is CHEAPER.
 

seniorjudge

Senior Member
...
As far as facts can I bring up the issue that she never moved in with me, she refuses to communicate with me, denied counseling, and leads her own life in New Jersey while I remain in Pa. I'm not sure but perhaps she has fraudently led me into this marriage under the impression she would be my wife. To date she has not fulfilled any of her duties as my wife.
...


Consult with a family law lawyer to see if you qualify.

If you want to save money, a divorce is cheaper and quicker.

If you want to spend a lot of money and time, go for an annulment.
 

Zigner

Senior Member, Non-Attorney
And, just to be clear. Getting an annulment won't "feel" any better than a divorce. What happened happened. Just because the paperwork may get changed doesn't change the reality.
 

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