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roberticus2009 · Apr 7, 2009, 03:31 PM

Hello. I married a foreigner about 15 months ago in the state of California through the courts. It was out of spontaneity since we had just met a few months prior. I did it under the pretense that we were going to build a family and the whole nine yards. She said that she did not love me but to give her time... and so I did. But in the 15 months we've been up and down. She leaves then comes back repeatedly. I don't know what she wants anymore. It's been a chore too with the INS. We've failed their interviews (2) due to our inability to stabilize ourselves. They're suspicious about our intentions (understandably so). So now they've opened an investigation on us. Odds are that they will come to my new home to visit us. My wife reluctantly came back and changed her address to my new home. I had every intention to work things out but she was just too unhappy here. I live in a remote part of town and the city life was more important to her. So she left. I am not waiting no more and want out. We've also never had sex because she never loved me. We have no debt, no kids, and no property. Wouldn't an anullment be better for me and easier? I am also going to file a petition with the INS to remove my application for residency for my wife. I have an attorney who has been helping us but I really need a second opinion. It seems her answers are sketchy. Thanks to anyone out there who could help. Also I understand anullments go to a judge. Correct? If so, does one have to appear in court? How does that part work?
Thanks,
Desperate

JudyKayTee · Apr 7, 2009, 03:33 PM

Your Attorney knows the intimate details of the situation, knows all aspects of the situation and law, is the one to advise you. Anything here, based on the sketchy details, is guessing.

I do have a question though and don't want to be insulting and trust you won't take it that way - why did you marry her if you knew she didn't love you, didn't want to have sex with you?

Fr_Chuck · Apr 7, 2009, 03:49 PM

I would be careful on what you say, about the sex, no love and more, since it sounds a lot like marry for citizenship and I know you don't want the courts to think that also.

I would say divorce, but you have an attorney, so follow their advice, they would know your case best

cdad · Apr 7, 2009, 04:18 PM

Im not sure you qualify for anullment anymore because your well past the 1 year mark. Have you started the paperwork already and are legally separated at this point ? Also there may be some question as to spousal support and about money that was made during the time of the marriage.

cadillac59 · Apr 7, 2009, 06:34 PM

You mentioned marrying in California so for purposes of this answer I assume you still live there.

You might qualify for a nullity (we don't technically use the term "annulment" in California anymore) on the basis of fraud- i.e. that your wife married you without the intention of having sex. That's about the only basis for a nullity that you've got. You've not said anything else that would allow you to file for nullity on any alternative grounds.

You asked whether petitioning for nullity would be easier than for dissolution? The answer is no. In fact, nullities are more difficult, require specific grounds be established and take just as long, if not longer if contested. The reason people file for nullity as opposed to dissolution, if they qualify for a nullity and often they do not, is to avoid owing support, attorney fees and avoiding the division of quasi-marital property (that's what we call community property in nullity cases). But, even then it can become complex because we have certain exceptions to the usual rule that in a nullity case you don't get spousal support, equal division of quasi-marital property or attorney fees, and that has to do with a very complicated area of this part of family law involving "putative spouses." That's another long discussion.

So, my advice would be to file for dissolution unless you think your wife will be asking for spousal support or attorney fees (you mentioned you had no property or debt). Of course, you may also file this way: request a "dissolution or, in the alternative, nullity." You can do it that way to leave the door open in case you change your mind.