Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Jun 2014
    Posts
    6

    Default What Does it Cost to File for an Annulment

    My question involves a marriage in the state of: California

    I have an immigrant friend who fled an abusive husband before the immigration process was completed. She is in a women's shelter. She applied for VAWA (an act that protects the immigration process for women fleeing violence) and she filed for divorce this AM.

    A few days ago, the abusive husband threatened to file an annulment, citing fraud, to imperil her immigration status.

    Her prime concerns are:

    1) Can he file annulment even though she has filed divorce?

    2) How much will it cost him to do an annulment, by himself and with an attorney? She figures since he is basically broke, he's unlikely to get funds to do so.

    3) How much will it cost her to defend herself against the charge? Let's assume she has to hire an attorney. She believes he will have no evidence to bolster his fraud claim, and she has substantial evidence that a) the marriage was genuine, and that b) he became extremely abusive.

    I realize these are vague questions. Ballpark answers would be greatly appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Cost of Husband Filing Annulment Wife Defending Calfornia, Immigration

    Annulments are quite difficult to get...much harder to get than a divorce. If he tries to do it without an attorney, he is likely to fail.

    However, even more important, even if he gets an annulment he won't be able to harm her immigration case unless he can prove that the marriage was not a real marriage.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Cost of Husband Filing Annulment Wife Defending Calfornia, Immigration

    1. He can file, yes ... but whether he can prove that the marriage should be annulled is another question entirely.
    2. It's usually cheaper to get divorced but in this case there may be more serious ramifications, so without further details we can't comment whether or not a divorce would be more harmful (to her husband)
    3. What's her current status? You mention naturalization but then refer to VAWA (which protects abuse victims of BOTH sexes, actually).

  4. #4
    Join Date
    Jun 2014
    Posts
    6

    Default Re: Cost of Husband Filing Annulment Wife Defending Calfornia, Immigration

    Quote Quoting Dogmatique
    View Post
    1. He can file, yes ... but whether he can prove that the marriage should be annulled is another question entirely.
    2. It's usually cheaper to get divorced but in this case there may be more serious ramifications, so without further details we can't comment whether or not a divorce would be more harmful (to her husband)
    3. What's her current status? You mention naturalization but then refer to VAWA (which protects abuse victims of BOTH sexes, actually).
    1. Thank you!
    2. She has filed divorce and hopes to have him served tomorrow. He is threatening annulment on fraud grounds to try and wreck her status, and so I doubt he'll be filing divorce.
    Oh, regarding point #3, forgive my ignorance. I am aware that men are indeed victims of domestic violence. I'm not sure what the status is, but can ask. It's my understanding the application process had at least started, and she filed for VAWA with a nonprofit attorney, but that is pending and takes a while to be granted.

    Thank you!

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Cost of Husband Filing Annulment Wife Defending Calfornia, Immigration

    Okay, so it is residency she's trying to attain as she doesn't yet qualify for naturalization (that's a different process).

    Thank you for clarifying

  6. #6
    Join Date
    Jun 2014
    Posts
    6

    Default Re: Cost of Husband Filing Annulment Wife Defending Calfornia, Immigration

    Quote Quoting Dogmatique
    View Post
    Okay, so it is residency she's trying to attain as she doesn't yet qualify for naturalization (that's a different process).

    Thank you for clarifying
    Thank you for asking, and forgive my layman blunders.

    She is in a shelter and one of the rules is no email or posting on internet, so I'm asking and she will read soon.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Cost of Husband Filing Annulment Wife Defending Calfornia, Immigration

    Quick question. How long has she been married, and did her husband sponsor her residency via the I-864 Affidavit Of Support?

    1. Sponsored Links
       

Similar Threads

  1. Annulment: Can I Get an Annulment or Do I Need to File for Divorce
    By waygook in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-03-2011, 07:18 AM
  2. Annulment: Is My Marriage Legal or Do I Need to File Divorce/Annulment
    By kag922 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-24-2010, 11:23 AM
  3. Chapter 13: How Much Does it Cost to File Chapter 13
    By pellek40 in forum Bankruptcy Law
    Replies: 1
    Last Post: 07-21-2010, 09:57 PM
  4. Business Disputes: What To Do If Settlement Cost Is Less Than The Cost of Winning in Court
    By mweidner2782 in forum Business Law
    Replies: 2
    Last Post: 10-09-2008, 09:03 PM
  5. Annulment: Where to File for Annulment
    By sunflower3 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 06-25-2006, 06:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources