Asked 2/1/2012
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In December of 2008 I was married by proxy to an illegal immigrant who was in jail and facing deportation and whom I got pregnant by. His family told me that marrying him was the only way my child would have a father in her life. After he was released from immigration jail after the marriage went through, the next year I dealt with him being extremely abusive to me which eventually led for him to end up back in jail and deported back to his country. During his incarcerated time he admitted that he only married me to get his Green card. Can I have my marriage annulled instead of having to go through the divorce process? FYI this took place in the state of Texas. |
Answer 1/3 - Submitted 2/2/2012
Hi, AprilB, and welcome to WebAnswers.
Under Texas law, a court may grant an annulment if fraud was used to induce one of the spouses into the marriage AND there has not been voluntary cohabitation with the other party since learning of the fraud.
You should contact a COMPETENT family law attorney to discuss this.
Thank you for your question.
Answer 2/3 - Submitted 2/2/2012
There are various reasons that will support having a marriage annulled, such as incapacity (e.g., you were drunk and didn't know what you were doing), but fraud is one as well. Because he married you under false pretenses, it's possible that you can have the marriage annulled. It's probably in your best interest to consult with a lawyer to make sure you're aware of all your options. Good luck!
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