Father tricked into marriage

What is the name of your state? California. My 70 year old father (Joe) has terminal cancer. One month ago, a woman he had known for 5 months scammed him into marrying her. When the family found out, we had her investigated, and due to our investigation we were able to find out some rather unsavory items about her past. When we confronted her with our information, she packed her bags and fled the house. Luckily, Joe had not signed any new documents naming her as beneficiary to anything (although we found out later she had tried to get power of attorney and a new will signed). Joe is now very ill and has signed a Durable Power of Attorney naming his son as his agent. Joe now wants to divorce this woman, he finally realizes he was scammed (they were married less than one month before she moved out). Do we file for divorce or annulment? Can we do it ourselves, or must we get a lawyer? Do any of the facts (fraud, abandonment) make it an automatic annulment? What would the process be to end a marriage of this type? Thank you!

I would contact an attorney even though you may be able to handle this on your own, doing it without an attorney might cause her to fight it and you already have an attorney for the other matters don't you?

In California, the grounds for annulment include but are not limited to:
Entering into the marriage as a result of fraud, force or duress,
which seems to be the grounds that apply to your father, however, what seems fraud to you may in fact not be fraud as unsavory as she may be or as her actions may seem. These marriages may come about as a result of a person exercising their right to make their own decisions about their care and or disagreements between the dying parent and their children. The wife may have entered into the marriage in good faith, with an agreement to care for your dying father and left to cut her losses rather than deal with the children, for that reason, divorce may be a simpler process.

Important things to take with you to the attorney are any records, report from the investigation, contracts, evidence of the proposed will etc. names of those attorneys, evidence of your father's intent to end the marriage and documentation of the date of separation (the date she moved out).

I answered this question in good faith, based on your post, then went back and looked at you previous posts and it seems there is some conflict in your story.
Please clarify your post here in light of your previous posts and advise already given.
https://forum.freeadvice.com/showthread.php?t=198498
Grandpa needs help
What is the name of your state? California. My 73 year old grandpa has been diagnosed with a terminal illness and been given only 1-2 months to live. He is currently on medications for his illness, plus he has been on anti-depressants for years and he drinks too much. He has begun making irrational statements towards family members he previously had a good relationship with. He was married for 48 years to my Grandma who died 3 years ago.
He claims he is going to give his entire estate to woman he just met 8 months ago. She is 51 and worked at a store he frequented. He says he wants to marry her and leave her everything. Of course she is all for it, because she has no home or even a car of her own. Grandpa has been taking her shopping, spending quite a bit of money on her and he just bought her a ruby and diamond "engagement" ring with matching earrings. He says they will marry at the end of this month. We think that because of his medical problems he is not able to make the best desicions for himself, and he has been unduly influenced by this woman. His existing will says that his 3 children will split all assets equally. Should we try to protect grandpa from himself and this woman by filing for power of attorney, or conservatorship? Would this protect his assets? Could it stop the marriage? What does the process involve?


How can your father be 70 and your grandfather 73 and in the same situation? While your father may have a problem, you don't tell the truth, even so, go to an attorney, the advice is the same, and tell them the truth from the begining!

Yes, the details differed with each telling, but I was afraid if I told you the 100% accurate truth (age, relationship) that someone out there might recognize the details and know who I was talking about. Everyone I know has computers, and this was a very private man and family, and I was publicly revealing intimate family details. So yes, I changed the description and age of the person, but the details remain the same. She scammed him into marriage, we tried to stop it, failed, turned to a private eye, and now we need to end the marriage. I am sorry if I offended with my white lies, but I was worried that if I told the truth about the details regarding who this man was, someone would of recognized the situation, and known which family I was talking about. If you would like ALL of the details, I would be happy to have a private conversation with you, or e-mail you. Thank You, Bella Dawn.

You must tell the truth, you do not have to reveal information to identify the person and if you are not taking advantage of your grandfather or father it shouldn't matter too much if anyone figures out who he is, very likely he has outlived some of his friends and most don't access computers. Tell us here, not in PM's or give it to your attorney. I get the feeling there is more to the story especially since you keep asking the same question and don't like the answers you get. We cannot give you accurate advice without the truth, even so the advice remains the same, take your records etc and see an attorney. Your father or grandfather, is dying and still has rights, his wishes may not be what you want. If he has been scammed or abused, the attorney can advise you of what steps to take. Please try to make your loved ones final days as peaceful as possible.