PDA

View Full Version : Can a divorce be filed on a marriage that was made under false pretenses


dluckett
Mar 31, 2011, 09:29 AM
My husband remarried last August. Shortly afterwards he had to have surgery. I had put him on my
Insurance. 7 months later I got an email from his first wife stating that she had a email from him saying that he was only marrying me so he could get insurance and have his surgery. Can I file for divorce and use this as a basis?

DoulaLC
Mar 31, 2011, 11:14 AM
It is her word against his. What has he said about it? Were you wanting to divorce anyway or are you taking her word that this is true? Do you need a reason to divorce other than you no longer want to be married to him?

It may help if you are able to provide more information as to the state of your marriage.

donf
Mar 31, 2011, 11:49 AM
I'm curious, what else is going on in your marriage that you are not telling us. It seems to me that you are looking for a reason to file for a divorce. Of course, that is just speculation on my part since I really have incomplete information.

We can seriously guess that the former wife does not have your best interests at heart and yet you believe her e-mail about having another email from your husband.

Did you ask him why he is even sending e-mails to the other lady?

dluckett
Mar 31, 2011, 11:50 AM
The email was from him to her and she forwarded it on to me.
I am trying to get the divorce, but he will not sign the papers. I am trying to find out if this is something that I can use in court


We have been married for 5 years. He has constantly called, emailed, or sent her messages on Facebook. He also drinks quite a lot, and goes to the bars and stays out all night. At first I tried to get him to get help but then found out that he has done this all of his adult life. He is quite a manipulator. It's hard not to believe something when you have it in black and white with his name on it.

donf
Mar 31, 2011, 12:03 PM
Well, if he is the manipulator that you say, than far more is at stake than a lie (which appears to be the truth).

What you are dealing with is a lack of trust and a knowledge of behavior problems.

The e-mail itself may or may not be usable. Your attorney will know that answer.

The grounds would be his actions and behavior.

Good luck!

DoulaLC
Mar 31, 2011, 12:03 PM
You can continue with the divorce whether he signs the papers or not. He will have to explain his actions when he appears in court. You don't need proof of his actions to obtain a divorce.

dluckett
Apr 1, 2011, 07:12 AM
Thanks to all of you that answered my question. It helps a lot.

JudyKayTee
Apr 6, 2011, 10:02 AM
What State? Many States will take incompatibility as grounds. If he's the scoundrel you say he is the Court is going to ignore the email and figure it's part of the games he plays.