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  1. #1
    Join Date
    Aug 2005
    Posts
    3

    Default Divorce or Annulment

    Which would be more beneficial, an annulment or a divorce?

    My brother got married 5+ years ago after meeting his (soon-to-be-ex-) wife for less than a month, and after being engaged for a year.

    A few months ago, after receiving her green card less than a year ago, and right after finishing her college education, she left my brother claiming she couldn't trust him and had "fallen out of love."

    Let me backtrack... My brother had financial troubles on and off for the duration of his marriage. Sometimes his financial troubles were significant, but my brother nonetheless put his wife through college. And now, he has been doing much better financially, has recently opened up to everyone about his problems, decided to further his education, etc. Yet, it is now - when his life/future is on an upswing - that she has decided to leave.

    The means by which she has acted (unflinching and without consideration), the attitude she has maintained (that of no remorse), and most considerably the timing of her actions (after attaining her greencard and finishing her education), amongst several other reasons have led us to believe she did not enter this marriage in good faith, rather with the intent to evade immigration laws and attain her green card at my brother's expense.

    So now, upon meeting with a lawyer, my brother has filed for divorce. He is considering an annulment instead of a divorce, but I want to know which route would be most beneficial to my brother.

    We would like to do what is best for my brother in terms of: (1) getting stuff back that she took; (2) making sure she can't cause us further harm in the future; (3) the possibility of adversely affecting her permanency in the US; and (4) what would legally and socially be more convicting of her having entered the marriage fraudulently.

    PLEASE PLEASE PLEASE help us. Your advice will be invaluable.

    Thank you!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Divorce v Annulment

    Although laws vary by state, after 5-1/2 years of marriage it is very unlikely that your brother would qualify for annulment.

  3. #3
    Join Date
    Aug 2005
    Posts
    3

    Default

    Well according to my brother's lawyer in PA, the annulment is still possible but that whereas a divorce will take a month or so and, with proper negotiations, may not have to go to a judge, an annulment will take longer (and cost more) and definitely have to go before a judge.

    My question, however, is which means will provide the best and most beneficial ends. In other words, what's better? Annulment or divorce? And if an annulment may be more beneficial, do you think it would be worth the extra time/money?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Divorce versus Annulment

    The biggest difference that I can see is that if the marriage is annulled, your brother would be able to say that he was not previously married - assuming that matters to him. His lawyer may be able to advise him as to any additional benefits.

  5. #5
    Join Date
    Aug 2005
    Posts
    3

    Default

    Thank you very much

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