Tantriskb
New
Reged: 02/23/07
Posts: 3
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Does anyone know anything about Annulment vs. Divorce? About 1.75 years ago I married a woman who I thought cared about me. Short after we marred we stopped having sex and she moved into a different room in our apartment. I almost never saw her and she stopped speaking to me. As soon as her temporary greencard appeared she disappeared and I have not seen nor heard from her since. I now need to get divorced to move on with my life, but can't afford a lawyer. Since I feel certain that she married me on fraudlent grounds, can I file for an Annulment? or is it better to do a divorce by publication? What do I need to prove to get in annulled and how do get this proof. I have the testimony of someone who has lived in the apartment for the entire time to support me, is that enough for court?
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gigi
Platinum
Reged: 11/06/06
Posts: 5052
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Double check everything I'm about to say with a lawyer from your state, and you may even need to check with an immigration lawyer. YOu've got something to worry about, but it's not the question of wehther to get a divorce or annulment, I don't think. Both divorce and annulment are equally final. Be worried more about whether she will come out of the woodworks and accuse you of domestic violence. This is about the only way a person in her situation can stay in the country is if there was domestic violence involved in her decision to leave you, so she might just make up something, maybe even making up something ancient, from before she left you.
So keep good records of what has happened, change the locks, move, don't let her back in for even a minute, becasue that would give her long enough to falsify a complaint, and we know she's not above falsifying official documents, becuase it seems she even did that with her intent to marry you.
Good luck.
But unless you're in a state which requires, grounds, just do a no-fault divorce and maybe you can get it over & done with before she notices enough to come back & fight it. If you get the divorce over with, then you can notify the immigration that you believe she married you for fraudulent reasons, because you don't want your old testimony in front of them when she got her green card to be used against you ever, as a suggestion that you lied. You want to be clear to them that you were telling the truth and intending to enter into a complete marriage, and at the time you thought it was, but you had no idea of her intentions and that since then, she disappeared.
Before you can serve her by publication, you may need to have an investigator show that she couldn't be found through the ordinary channels (it's called "due diligence") and so if you know where she is, divorce by publication might not work. But check with the laws of your state first.
You really don't want to mess up any step of this procedure, because you want it done quickly and cleanly. Once she's out, you can legitimately keep her away from you and thereby prevent any FUTURE accusations that you might be violent.
Edited by gigi (02/23/07 12:23 PM)
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Tantriskb
New
Reged: 02/23/07
Posts: 3
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Gigi,
Thank you for your advice. I don't believe that she would do the domestic violence thing, but who knows. The good thing is, I actually have two other people who lived here in the apartment during the entire "marriage" who I am certain would testify in my favor. It would be hard, I think, for her to seriously press a domestic violence claim.
On the other hand, New York is, alas, not a no fault state. As far as I know the state of New York requires grounds to grant a divorce.
What I really need and can't seem to find are the addresses and people I need to contact to get Affidavits of Military Service.
Kevin
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gigi
Platinum
Reged: 11/06/06
Posts: 5052
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try abandonment... "fraud" just sounds so awful that many people would be all over trying to defend it... look at what happened when Kenny Chesney was accused of "fraud" in the marriage... they filed thinking it would be best to call it "fraud"... not specific, just that they made a mistake & didn't realize what they were getting into... next thing you know, people are questioning his sexuality!
Be careful about throwing around the words "fraud" when she might take the opportunity to hurt you.
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