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  1. #1
    Join Date
    Sep 2014
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    2

    Angry Can a Marriage Be Annulled After 16 Years

    My question involves a marriage in the state of: California.
    I am a US citizen and married a foreigner at the time. I sponsored her to the US and she later became US citizen after 5 yrs.

    After 10 years of marriage, I came to learn that she married me just so she could immigrate to the US. She had threaten to divorce countless times since the 10 yrs anniversary.
    We have two children 12 and 9 years old.

    Can my marriage be nullified? Also, two years after the marriage I bought a house which I was the sole ownership and had been paying for mortgages and house expenses.
    we do not have a share bank account.

    Does she have any legal rights to the house?


    Depressed Dad!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Can a Marriage Be Nullified After 16 Years

    If you have proof of her deception, you can present it to USCIS and she could potentially be permanently banned from the US. You do not sound very credible on the issue after 10 years of marriage though. It sounds more like you resent your decision to marry her and want to attempt to get out of your legal obligations in a divorce.

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Can a Marriage Be Nullified After 16 Years

    And, yeah, the house will be considered community property. Absent some tangible proof of her inability to care for the children, it is likely that she will be livin gin the house with the kids and you will be elsewhere with visitation and/or shared custody.

    Nullifying a marriage after 16 years alleging deceit will be difficult at best - likely impossible. Had you moved to nullify the marriage after 10 years when she made these claims to you, MAYBE you'd have stood a chance ... maybe. But, to have continued on for another 6 years, well, that will serve only to discredit your claims.

    If you want a divorce, speak with a divorce attorney. Don't expect to walk away unscathed and without paying alimony or child support.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can a Marriage Be Nullified After 16 Years

    Quote Quoting cdwjava
    View Post
    And, yeah, the house will be considered community property. Absent some tangible proof of her inability to care for the children, it is likely that she will be livin gin the house with the kids and you will be elsewhere with visitation and/or shared custody.

    Nullifying a marriage after 16 years alleging deceit will be difficult at best - likely impossible. Had you moved to nullify the marriage after 10 years when she made these claims to you, MAYBE you'd have stood a chance ... maybe. But, to have continued on for another 6 years, well, that will serve only to discredit your claims.

    If you want a divorce, speak with a divorce attorney. Don't expect to walk away unscathed and without paying alimony or child support.
    I agree with this advice, and will also add that having two children with her is an even greater discredit to your claims.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Marriage Be Annulled After 16 Years

    In California, a petition for an annulment on grounds of fraud must be filed within four years of your discovery of the fraud.

  6. #6
    Join Date
    Sep 2014
    Posts
    2

    Default Re: Can a Marriage Be Annulled After 16 Years

    Thank you all for your comments.

    The 1st 10 years, my job was stable and there was no issues with the marriage.
    The issue only came out when my job was outsourced. There was potential that I could be laid off.

    Yes she had the babies but I was the one cared for them from the day they were born until now. I helped them with their homework. Encouraged them to participate in sports and musical instruments. They are my life.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Marriage Be Annulled After 16 Years

    Huh? What does having a stable job have to do with the validity of your marriage. It's not even justification for a divorce, let alone an annulment.
    Your chance of annulment is about the same as getting a 51st trimester abortion on your 12 year old.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Marriage Be Annulled After 16 Years

    Many marriages have trouble when there are changes in the home and with employment. The fact that you stayed home with the children does not give you grounds of annulment, though it might strengthen your claim to primary custody depending on what your soon-to-be ex does for a living.

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