Friday, September 26, 2008

Qualifying for an Annulment

Dear Famularo & Associates:

My husband and I live in Murrieta. We will be married for a year this month. It just seems my husband only wanted me for his green card process. We have no kids and no joint property. He does not work and during the immigration process, I promised to support him. I am worried about him requesting spousal support. Can I file for an annulment, or do I have to file for divorce? If I must file a divorce action, can he get spousal support from me?

T.F. in Murrieta

Dear T.F.
Since your husband only married you to obtain a green card, the court will grant you an annulment based upon fraud. Once the annulment is granted, your husband will not be able to collect spousal support from you. The paperwork you signed at the immigration office does not apply to situations like yours; your husband commited fraud in order to obtain his green card. You need not worry about any negative consequences from the immigration department after your separate from your husband.

In divorce situations, spousal support is normally paid for one-half the length of the marriage if one spouse is unable to support himself or herself. However, in very short marriages, such as yours, the court has the discretion to deny a request for spousal support altogether. However, if you file for an annulment, your husband will not be able to receive spousal support under any circumstances.

Famularo & Associates in Temecula

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