Annulment by Default

**kirankhan** · 07-03-2012, 10:01 AM

My question involves a marriage in the state of: Texas

Here's what happened. I sponsored by wife to come to USA and we got married here in Dallas, TX. Soon after getting her conditional green card, she left and did an abortion (She was 3 months pregnant). I took the case to the court after hiring an attorney.

Now the citation has been served and the date to file an answer from defendant, my wife, is on Monday 07/09/2012. I asked my attorney, what will happen, if she doesn't file an answer, doesn't hire an attorney and the only thing i was told by him was "This is very strange"....

I need to know, can my attorney setup a trial hearing and go to court, after the answer time has passed? Can we obtain default judgement on her, if she doesn't show up to the hearing or has no attorney representing her? If yes, then how would it work in Dallas County? How many days after the answer deadline passes, can we request a hearing? Is it a good idea to proceed with annulment, based on fraud (That is kinda tough to prove). I dont want to spend a whole lotta money on attorney fees, when the respondent is simply not answering to anything.

**flyingron** · 07-03-2012, 10:50 AM

Ask your lawyer. There's too many holes in this story to give an answer. What was filed? What is argued that makes the marriage void? Just because she doesn't answer doesn't mean the judge is going to agree with your assertions of a voidable marriage. I'm guessing you are arguing that the marriage was fraudulent purely for getting a green card?

**kirankhan** · 07-03-2012, 11:17 AM

Quoting flyingron

Ask your lawyer. There's too many holes in this story to give an answer. What was filed? What is argued that makes the marriage void? Just because she doesn't answer doesn't mean the judge is going to agree with your assertions of a voidable marriage. I'm guessing you are arguing that the marriage was fraudulent purely for getting a green card?

Yes, the marriage was only for the purpose of coming to USA and getting GC. Annulment, based on fraud was what was filed. The intention of her marrying me for the sole purpose of GC and then separating and aborting my kid is the argument.

**flyingron** · 07-03-2012, 12:02 PM

Sounds like it should be straight forward. Your wife is an idiot however...she really needed to have strung you out for two years until she could have gotten the "conditional" status removed...