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Fraud can end a marriage via an annulment or divorce. In Texas, fraud exists as a fault ground for divorce. If your spouse misled you purposefully about a specific factor that induced you to get married that can be your reason for ending the marriage. At the same time, fraud may also be grounds for an annulment. The difference between an annulment and a divorce is an essential discussion point in today’s blog post from the Law Office of Bryan Fagan.
Fraud is when one spouse deceives another about a critical element of the marriage. This is the most straightforward definition of fraud as it applies to Texas family law. If your spouse convinced you to marry him or her based on an untrue circumstance then that is the textbook definition of fraud. However, you must prove what you are alleging is true. That means collecting evidence and having admitted into the record of your case. In many situations, this is easier said than done.
For that reason, it is a great idea to contact the attorneys with the Law Office of Bryan Fagan to find out more about your case. Our experienced family law attorneys offer consultations free of charge six days a week. These consultations are a great way to learn more about how the law impacts you and your family. These are opportunities that you can take advantage of to position yourself better as you consider the possibility of a divorce or annulment.
What is an annulment in Texas?
Most people are familiar with the divorce. A divorce legally ends or dissolves a marriage. However, fewer people are familiar with what an annulment is. An annulment voids a marriage. Essentially, it would be as if the marriage never happened in the first place. The slate will be wiped clean like taking an eraser to a chalkboard. A divorce marks a red line through the marriage. That is the key difference between an annulment and a divorce.
Texas law allows you to annul your marriage in a limited range of circumstances. If your spouse is under the age of 18 then you may annul your marriage. An inability to have children is another ground for an annulment. Being mentally incapable of assenting to the marriage is yet another ground for annulment. Or you can annoy your marriage if the marriage took place fewer than 72 hours after you obtained your marriage license. Finally, you can potentially annul a marriage based on fraud.
The key here is that you and your spouse must consent to the marriage voluntarily. If either of you has used fraud to induce the other to marry, then the marriage is invalid legally. Your spouse may have lied to you about a central element of the relationship. Or your spouse may have withheld information. If the truth had been known to you would not have gotten married. If you can prove that you only got married because of the fraudulent circumstance, then the annulment can be granted.
An example of fraud as grounds for an annulment in Texas
In a recent case, an attorney with the Law Office of Bryan Fagan was able to help secure an annulment for our client. Remember that a petitioner in an annulment case must show that the only reason for entering the marriage was the fault ground set forth. This is a difficult situation to prove. You must be able to show a court that the only reason you chose to marry this person was based on fraud. Importantly, if you live with your spouse voluntarily after the marriage then an annulment cannot be granted.
In this situation, our former client won the annulment due to the misrepresentations of his wife. The wife, who was originally from another country, met our client on the Internet. From there, an online romance sparked. The wife told our client that she was in love with him and very much wanted to get married. Our client was fraudulently induced to enter the marriage based on these assurances. Additional assurances followed that she would immediately move to the United States. Furthermore, she stated that she wanted to have children which was something that she knew our client desperately wanted, as well.
Once she moved to the United States she obtained a green card. However, thereafter she filed for divorce immediately. Due to the circumstances of the case, our client asked for an annulment. Because of the preparedness of our client and their attorney, an annulment was granted by the court. Keep in mind that preparation and experience matter in trying to argue for an annulment. The attorneys with the Law Office of Bryan Fagan know how to achieve favorable outcomes for families in these types of cases.
Lying about their identity, finances or already being married
In Texas, lying about essential elements of your life and relationship can lead to an annulment. In an age where online relationships are increasingly common, it is not difficult to envision a circumstance where lying about your identity has occurred. The motivation to lie is as old as time. If the lying spouse does not withhold the truth, then he or she may not get what they want. As we just saw, trying to obtain citizenship in the United States may be one of many reasons why a spouse would potentially lie about their intentions in the marriage.
As we mentioned a moment ago, however, you must be able to prove that the fraud was the only reason why you got married. If You chose to marry for any reason in addition to the fraudulent assertions made, then you cannot have your anomic granted. The difference between a divorce and an annulment can be tremendous. Additionally, he must not have lived with your spouse after the marriage began to be granted the annulment. If you have then you must proceed with a divorce.
Another reason why you may be granted an annulment is because you were already married at the time of your second marriage. Suppose that you and your spouse got married when he was already married to another woman. In a situation like that you would be able to allege the existence of a prime marriage as a ground for an annulment. As with any family law case, being able to present sufficient evidence to a court is important. If you have not yet done so, please consider contacting the Law Office of Bryan Fagan. Our attorneys have walked with individuals in your position many times. We know how to help prepare you for an annulment.
What is the difference between a divorce and an annulment?
We have already talked about the main difference between a divorce and an annulment. Namely, a divorce dissolves the marital relationship. You would still be treated as having been married but the relationship would come to an end legally speaking. On the other hand, an annulment wipes the slate clean. If granted the annulment it would be as if you and your spouse were never married in the 1st place. There will be no record of your marriage, and you could legally tell others that you had never been married before.
There are also practical reasons why you may want the annulment to be granted. Foremost among them has to do with the division of marital property. Getting married means that any property accumulated, or income earned during the marriage is subject to division. That means that your spouse may be in line to receive a just and right division of your property or income. Practically speaking, if you and your spouse were married for a short time then there probably is not much community property to divide.
On the other hand, suppose you were in a situation where you and your spouse lived together. However, you found out that he was lying to you about the only reason why you decided to marry him in the first place. Perhaps he said he was an extremely religious person when that turned out to not be the case at all. Even if you can show that this was the only reason you chose to marry him you would still need to get a divorce. The reason is that you live together after the marriage started. Thus, any property accumulated during the marriage would likely need to be divided in a divorce.
Why would you prefer an annulment versus a divorce?
The main reason why you would want an annulment versus a divorce has to do with the division of property upon the end of the relationship. In a divorce, there are two main areas of the case. The first has to do with child custody for children under the age of 18. It would be difficult to envision a situation where you could have children with your spouse and then argue for an annulment. The reason is that you cannot reside with your spouse after the marriage and still argue for an annulment. Therefore, if you have children with your spouse then an annulment would be especially hard to obtain.
However, in a situation involving property division but no children that is where it becomes important to be able to make your argument. Property division is one of the most important parts have a divorce. Texas is a community property state. This means that it is presumed all property at the beginning of your divorce is subject to division. Now, this may not be true. You may own separate property as does your spouse. However, an annulment would mean there is no property to divide because there was no marriage. After all: you wouldn’t divide property, assets, and debt in the event you broke up with your boyfriend.
At the end of the day, this is a discussion about finances and property. Arguing that you were not married means that there is a possibility for an annulment. An annulment puts you in a position where you can retain all your property and risk none of it being divided. Divorce opens a world of possibilities as far as how property accumulated during the marriage may be divided.
Coming up with evidence to explain fraud as grounds for an annulment
With this backdrop in mind, it is important to have evidence to back up your points. The last thing you want to do is find yourself in a position where you have a legitimate claim to an annulment but cannot prove it’s true.
Fraud must be material. Small lies or exaggerations are insufficient. The lie told by your spouse must be significant. Your spouse lying to you about their favorite food is not grounds for an annulment. On the other hand, your spouse lying to you about being able to have children when she was not may be grounds for a normal. In other words, it must be a major lie and a fraudulent act.
How do you prove fraud in an annulment?
Proving intentionality is difficult. Ask any criminal law attorney and they will tell you that intent is extremely difficult to prove. Getting into the mind of your spouse can prove to be a complex scenario. Plausible deniability is a way for your spouse to deny intentionally misleading you into entering the marriage. As a result, you need to be ready the counter any evidence your spouse can produce which tends to show that he or she did not purposely mislead you into the marriage.
There are two basic types of evidence which are introduced in family law cases. The first Is oral testimony in court. This means that your spouse could have a friend or relative testify about the nature of the marriage. Conversely, you could have someone testify to counter that evidence. Preparing with your attorney to provide this kind of evidence is crucial. Many people assume that evidence can be submitted without much thought or preparation. It is not that simple. An attorney with the Law Office of Bryan Fagan can talk to you about your case and how best to prepare.
What is the process of seeking an annulment due to fraud?
The process to begin filing for an annulment involves filing a petition. In the petition, you would assert that an annulment is proper and explain why. After your petition, you would specify the relief you were requesting from the court. Namely, to annul the marriage. A divorce also begins with a petition. However, in any divorce petition, you would likely ask the court to divide any community property. That is the main difference between a divorce and an annulment in most scenarios.
The burden of proof is on the spouse seeking an annulment
You must prove your case with evidence when filing an annulment petition. Most of the time an annulment is seen as the exception rather than the rule. It is difficult to prove the necessary circumstances to win an annulment petition. Therefore, being prepared adequately for the hearing date is important. If you are not able to successfully prove the annulment, then your case will proceed into a divorce.
Seeking emotional support from friends can help
When you are trying to explain fraud as grounds for an annulment, it is helpful to have a support system. This is a step that many people overlook as they prepare for either a divorce or an annulment. An experienced family law attorney will certainly help you in this situation. However, having a support system that can be there for you from an emotional perspective is also critical.
Do not neglect your mental health or physical well-being during this time. Your case can be made much easier when you have someone by your side who will support you no matter the result. Certainly, it is beneficial to have an experienced family law attorney by your side. However, when you consider all the time in between court dates, mediations, and hearing dates you must have assistance in your personal life.
Don’t allow lies to prolong a failing marriage
It is up to you to decide how to proceed with your marriage. If you honestly believe that were fraudulently induced into getting married, then that must be something you act on. Allowing yourself to remain in a tainted relationship is not good for your well-being. Certainly, you cannot move on with your life until these issues are addressed.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our experienced family law attorneys offer consultations free of charge six days a week. These consultations are a great way to learn more about annulments, divorce, or any other area of the law that you have an interest in.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
