michelle

[rachelngan]

What is the name of your state? California

I have been married with my husband for 1 yr and 8 months. He kicked me out of the house about 3 months ago. Last Friday, he served me court paper which says "nullible or voidable marriage due to fraud". He does this out of hatred and we had a normal marriage before.

Can he win? Does it cost any to respond?

[freespeech]

Did you commit fraud when marrying him?

[rachelngan]

Not at all. He knows that I need to get a green card before we married. He even took everything from money in joint account to dishes that we bought together. He also kicked me and my son out of the house, and I didn't even do anything bad behind his back.

I believe he is doing this so that he doesn't have to pay me any spousal support and share any property with him. Plus, I will not be able to obtain my green card.

Please advise. Thanks!

[stealth2]

With such a short marriage, it's unlikely you'd get spousal support or that there are a lot of marital assets to split. What's missing from the story?

[rachelngan]

I am aware that it is unlikely for me to obtain spousal support. However, the point is he is claiming the marriage is completely voidable due to fraud even though we have been married for 1 and a half year, plus 1 year dating. So that he can stop me from getting my green card from him, plus all the money/belongings we had together, including simple things as dishes or VCD.

But actually, we put away the money together and it is a joint account and he withdrew it all and claimed it is all his which is totally unfair.

Will he win on claiming the marriage as voidable? Does it cost any for me to file a response? Please advise. Tks!

[LdiJ]

Originally Posted by rachelngan

I am aware that it is unlikely for me to obtain spousal support. However, the point is he is claiming the marriage is completely voidable due to fraud even though we have been married for 1 and a half year, plus 1 year dating. So that he can stop me from getting my green card from him, plus all the money/belongings we had together, including simple things as dishes or VCD.

But actually, we put away the money together and it is a joint account and he withdrew it all and claimed it is all his which is totally unfair.

Will he win on claiming the marriage as voidable? Does it cost any for me to file a response? Please advise. Tks!

What kind of fraud is he attempting to claim that you committed? Does he have any hard, cold, evidence?

I don't believe that it costs you anything to file a response.

[BelizeBreeze]

The fraud he is contending is Immigration fraud, marrying for a green card. Unless she is married without a divorce in another country. And monies in a joint account are his and yours. He beat you to them.

[stealth2]

Originally Posted by rachelngan

Will he win on claiming the marriage as voidable?

We have no way of knowing, because your facts are pretty skimpy. SImply being married for 1 1/2 years and dating for 1 prior doesn't mean you DIDN'T marry him for the green card.

[rachelngan]

Thanks for all your information!

My lawyer told me it costs about $300 to file a response to the court while a friend told me it is absolutely free. Where and how can I file a response? I live in California. Please advise.

About committing fraud thru the marriage, neither I intended to do it nor he has any evidence on it. He is the one who kicked me out of the house. I didn't walk away and I didn't want to separate either.

If this case is valid, anyone can just get married and claim it is voidable due to fraud after a certain period of time because they hate each other? Please advise.