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  1. #1
    Join Date
    Oct 2016
    Posts
    1

    Default Voiding a Foreign Marriage to an Immigrant Spouse

    My question involves a marriage in the state of: Turkey

    Turkish citizen marries US citizen in Turkey 15 years ago. Listed it as "first marriage" and therefore did not provide copy of divorce decree to prove validly divorced from first husband, which was a sham marriage to obtain a green card. Wife also did not wait the necessary 300 days after first divorce to remarry in Turkey. Not sure why she elected to marry in Turkey, the US citizen husband is a friend and the wife has now filed for divorce in the US and is presumably seeking alimony and division of assets for their business. There are three children and husband is fine paying child support.

    Question: Is the original Turkish marriage voidable or void due to fraudulent statements by the wife that she had not been married before? I have read that the 300 day waiting period can be waived, as it is solely to ensure the woman is not pregnant. If the marriage was invalid, husband could avoid alimony and division of assets, although he would of course pay child support. Wife also had affairs and even a pregnancy (terminated) by another man during the marriage. She originally planned to file for a quick divorce in Turkey (has a Turkish boyfriend she wants to marry ASAP), but changed her mind and filed instead in the US. I read that alimony in Turkey is called "maintenance" and is only for one year but that was in an older book. The "Red Book" the wife filed in the US court doesn't contain the application for marriage document that would show tht she listed it as a "first marriage", thereby avoiding producing her divorce decree. Would it be worthwhile to hire a lawyer in Turkey to go to the family court in Turkey to see what is actually on file in Turkey? Or would the application documents have been filed with the US embassy when he was interviewed, as the US citizen? There was also no translator at the marriage ceremony in Turkey, which I believe is required. She is pushing to get the business valuation and make a settlement and the husband's lawyer only has a few more days to make this argument about a voidable marriage to the Court. The American judge was incredulous at this issue being raised, stating "Sir, are you telling me after fifteen years and three children that you are claiming that you do not have a valid marriage?" His lawyer replied "Not as to his obligations to the children, your Honor, but as to the issues of alimony and division of assets." (particularly given her conduct and the boyfriend waiting in the wings.)

    Many thanks for any expert advice!! I have a legal and teaching background but not in matrimonial law. The circumstances of the marriage are just very odd; not sure they were there the required amount of time to marry in Turkey (one week or something), no translator, fraudulent statement of it being the first marriage, not waiting the 300 days, and the Red Book has only one page in it. Plus there may have been fraud issues with the first marriage to obtain the green card. As an American citizen it is rather shocking how gullible Americans can be and how crafty and manipulative foreign nationals can be (no judgment, just what is required to operate in other countries and to find a way to emigrate to the US.)

    I think the key here is that the American court will apply Turkish law so Turkish law as to whether the marriage was valid will control...n'est-ce pas?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,741

    Default Re: Is Original Marriage in Turkey Voidable if Turkish Citizen Wife Lied on Applicati

    Quote Quoting lexlilac
    View Post
    My question involves a marriage in the state of: Turkey

    Turkish citizen marries US citizen in Turkey 15 years ago. Listed it as "first marriage" and therefore did not provide copy of divorce decree to prove validly divorced from first husband, which was a sham marriage to obtain a green card. Wife also did not wait the necessary 300 days after first divorce to remarry in Turkey. Not sure why she elected to marry in Turkey, the US citizen husband is a friend and the wife has now filed for divorce in the US and is presumably seeking alimony and division of assets for their business. There are three children and husband is fine paying child support.

    Question: Is the original Turkish marriage voidable or void due to fraudulent statements by the wife that she had not been married before? I have read that the 300 day waiting period can be waived, as it is solely to ensure the woman is not pregnant. If the marriage was invalid, husband could avoid alimony and division of assets, although he would of course pay child support. Wife also had affairs and even a pregnancy (terminated) by another man during the marriage. She originally planned to file for a quick divorce in Turkey (has a Turkish boyfriend she wants to marry ASAP), but changed her mind and filed instead in the US. I read that alimony in Turkey is called "maintenance" and is only for one year but that was in an older book. The "Red Book" the wife filed in the US court doesn't contain the application for marriage document that would show tht she listed it as a "first marriage", thereby avoiding producing her divorce decree. Would it be worthwhile to hire a lawyer in Turkey to go to the family court in Turkey to see what is actually on file in Turkey? Or would the application documents have been filed with the US embassy when he was interviewed, as the US citizen? There was also no translator at the marriage ceremony in Turkey, which I believe is required. She is pushing to get the business valuation and make a settlement and the husband's lawyer only has a few more days to make this argument about a voidable marriage to the Court. The American judge was incredulous at this issue being raised, stating "Sir, are you telling me after fifteen years and three children that you are claiming that you do not have a valid marriage?" His lawyer replied "Not as to his obligations to the children, your Honor, but as to the issues of alimony and division of assets." (particularly given her conduct and the boyfriend waiting in the wings.)

    Many thanks for any expert advice!! I have a legal and teaching background but not in matrimonial law. The circumstances of the marriage are just very odd; not sure they were there the required amount of time to marry in Turkey (one week or something), no translator, fraudulent statement of it being the first marriage, not waiting the 300 days, and the Red Book has only one page in it. Plus there may have been fraud issues with the first marriage to obtain the green card. As an American citizen it is rather shocking how gullible Americans can be and how crafty and manipulative foreign nationals can be (no judgment, just what is required to operate in other countries and to find a way to emigrate to the US.)

    I think the key here is that the American court will apply Turkish law so Turkish law as to whether the marriage was valid will control...n'est-ce pas?
    Who are you in this scenario?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Voiding a Foreign Marriage to an Immigrant Spouse

    What you appear to be stating is that you are in divorce proceedings, you tried to claim to the judge in your divorce case that your marriage to your wife was not valid based upon your claim of a prior marriage, and that the judge found both that you failed to meet your burden of proof and also that given the length of your marriage it was too late to try to set aside the marriage on that basis. We cannot comment on the underlying law, as you chose not to follow the instruction to identify the state where the divorce is occurring.

    If you want to know what you can accomplish in Turkey, let alone what may be accomplished in a matter of days, you had best hire a Turkish lawyer to review the facts and advise you. This is a U.S. forum.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Voiding a Foreign Marriage to an Immigrant Spouse

    We don't do Turkish law here unfortunately
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

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