How Do I Get an Annulment in Massachusetts for Immigration Fraud?
Full Question:
Answer:
Some of the reasons for granting an annulment are:
FRAUD OR COERCION
The consent to marriage of one of the parties was obtained by coercion or fraud and the parties have not cohabitated (lived together as husband and wife) after learning of the fraud. Fraud or coercion by a party to the marriage is grounds for an annulment, but each case is determined by the specific facts involved.
Cases where annulments have been granted in the past based on fraud include the following circumstances:
CITIZENSHIP
One person married another solely to obtain a green card, or citizenship.
One person misrepresented or concealed that he/she would not fulfill a prenuptial promise to become a U.S. citizen.
SEXUAL RELATIONSHIP
One person misrepresented a willingness to consummate the marriage and reside together following the marriage.
One person misrepresented a willingness to bear children after the marriage.
One person misrepresented or concealed that he/she was not willing or physically able to engage in sexual intercourse following the marriage.
One person misrepresented to the other party that he/she was willing and able to conceive children during the marriage, despite knowing they are sterile and unable to conceive children.
The wife misrepresented or concealed that she was pregnant by another man at the time of marriage.
Prior to the marriage the wife claimed to be pregnant, but it was disclosed after the marriage that she was not pregnant.
One person misrepresented or concealed that he/she was homosexual.
CHARACTER, HONESTY
One person misrepresented or concealed that he/she had physically abused a prior person in their lives.
One person misrepresented or concealed that he/she had a criminal history.
One of the parties was forced into the marriage because of duress, threats and intimidation and would not have entered into the marriage except for the other party’s conduct.
HEALTH
One person misrepresented or concealed that he/she was not in good health or had a disease.
One person misrepresented or concealed that he/she suffered from a mental illness or had been institutionalized in a mental hospital.
One person misrepresented or concealed that he/she suffered from alcohol, drug, or gambling addiction.
FINANCIAL
One person misrepresented or concealed that he/she married the other person solely to obtain the parties' money, wealth or property.
One person misrepresented or concealed that he/she would not fulfill the terms of a prenuptial agreement to reimburse the other party for alimony lost because of remarriage.
RELIGION
One person misrepresented or concealed that he/she would not fulfill a prenuptial promise to have a religious marriage ceremony performed after the civil marriage ceremony.
One person misrepresented or concealed his/her present religious conviction or acceptance of the other's religion.
One person misrepresented or concealed his/her prior divorce and the other party is a Roman Catholic.
Other grounds may include:
Undisclosed prior marriage
Violation of divorce decree or statute prohibiting remarriage.
Marriage entered into as a joke or without an intent to having a binding marriage.
One or both parties were under the legal age to consent at the time of marriage, as defined by state statute
Incestuous marriages, as defined by incest laws of the state in which the marriage took place.
Temporary insanity existing at the time of marriage, so that the capacity to marry was not present because the person lacked an understanding of the duties and relationship of marriage. Poor judgment is insufficient.
Intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences.
Please see the following MD statute:
G.L.c. 207, § 14. Determination of validity.
Section 14. If the validity of a marriage is doubted, either party may institute an action for annulling such marriage, or if it is denied or doubted by either party, the other party may institute an action for affirming the marriage. Such action shall be commenced in the same manner as an action for divorce, and all the provisions of chapter two hundred and eight relative to actions for divorce shall, so far as appropriate, apply to actions under this section. Upon proof of the validity or nullity of the marriage, it shall be affirmed or declared void by a judgment of the court, and such judgment of nullity may be made although the marriage was solemnized out of the commonwealth, if at that time and also when the action was commenced the plaintiff had his domicile in the commonwealth, or if he had resided in this commonwealth for five years last preceding the commencement of said action, unless the court finds that he has removed into this commonwealth for the purpose of obtaining said judgment.
The register of probate shall, within two days after the expiration of the appeal period following the entry of a judgment annulling a marriage, or if an appeal was taken within two days after entry of final judgment pursuant to a rescript of the appellate court, send an attested copy thereof to the commissioner of public health, the clerk or registrar of the city or town in the commonwealth where the marriage was solemnized, and the clerk or the registrar of each city and town in the commonwealth where a party to the marriage dwelt at the time of the marriage. The commissioner of public health and every clerk or registrar to whom such an attested copy is sent shall, forthwith upon receipt of such copy, enter upon the margin of his record of the marriage a note of reference to the judgment of annulment.
