Marriage is intended to be a lifelong commitment between two willing individuals. Unfortunately, marriage often becomes sidetracked and ultimately destroyed via the bad actions of one spouse or the other. Sometimes these actions occurred during the marriage. However, it could also be that fraud has entered the marriage.
Today’s blog post from the Law Office of Bryan Fagan will focus on whether your marriage has become fraudulent. Any questions you have on this subject can be addressed by the attorneys with the Law Office of Bryan Fagan. Our attorneys understand that it can be a frustrating experience to discover problems in your marriage. That said, our attorneys are ready to help you.
When does marriage fraud occur?
Marriage fraud occurs when one spouse deceives the other about a critical component of the marriage. Put yourself in a position where your spouse hides important information from you for no other reason than to deceive you. At the same time, your spouse potentially gains a critical advantage in some areas. Examples could be a financial advantage for himself or an advantage from an immigration standpoint. These are just two examples of when fraud may be a relevant factor to consider in your marriage.
How can fraud be perpetrated within the marriage?
There are a handful of ways for fraud to be perpetrated within the marriage. First, your spouse may simply withhold information from you during the engagement period. That withholding of information may cause you to move forward with the marriage when you otherwise may not have. Next, giving your significant other a false impression of you may also lead to Fraud in the marriage. Finally, the withholding of financial information may also be enough to lead to fraudulent inducement in the marriage. Marrying someone who lied to you about finances is not an uncommon situation.
How is fraud treated under Texas law?
If you discover that your marriage began under fraudulent grounds, then you need to do something about it as soon as possible. The timing of when the fraud is discovered matters as far as what relief is available to you. For instance, if you discovered the fraud soon after your marriage began then you may be able to annul the marriage. On the other hand, if the fraud was discovered later in the relationship, then your option may be to pursue a divorce based on fault grounds.
A divorce based on fault grounds allows you to state that fraud led to the breakup of your marriage. Texas is a no-fault divorce state which means that you would not need to cite a particular reason why you want the divorce. However, an advantage to specifying a fault ground for divorce is that you can obtain a disproportionate share of your community estate. Or, depending upon the severity of the fraud, a more favorable set of court orders related to custody of your children. Fraud can play a major role in your divorce more could lead to an annulment of your marriage.
A major factor in this discussion is timing. The sooner you can figure out that fraud may have played a role in the marriage the more options you have to consider. And annulment removes your divorce from the record book. It would be as if the marriage never took place. It is also a less expensive and less stressful option. However, taking advantage of this option requires you to identify the issues and act early. Working with an experienced family law attorney at the Law Office of Bryan Fagan can certainly help you in this endeavor.
Immigration as a cause of marriage fraud
Immigration reasons as a motivator for fraud in a marriage is a tale as old as time. I’m sure that each of us is familiar with news stories or simply the concept of marrying someone to gain legal residency or even citizenship. For some people, fraudulently inducing a marriage is seen as the only opportunity to remain in the United States. Unwitting individuals have succumbed to this fraud. Marrying a person who has no desire to remain in the relationship on a long-term basis is a bad situation to find yourself in.
What ends up happening is that the bad actor gets married and gains citizenship or another form of legal residency. Immediately, that person will end the marriage via a divorce petition being filed. If you find yourself in this position, then you can and should consider filing a counter-petition. Within that divorce petition, we may cite fraud as the reason for the divorce. This allows you to go on the offensive and helps the court to understand the true nature of the cause of the divorce.
There are criminal and civil penalties associated with marriage fraud related to immigration too as you consider your options regarding divorce, annulment, and the law please think about reaching out to an attorney at the Law Office of Bryan Fagan. Our attorneys know how to serve clients in your position. We do so with a great deal of diligence and pride. Our attorneys offer free-of-charge consultations six days a week. There, you can learn more about the divorce process as well as how fraud may be an irrelevant factor in your case.
Financial fraud as an inducement to marriage
As they say, money talks. Money oftentimes plays a role in romantic relationships. You may have agreed to marry your spouse because of assurances he or she made to you regarding their finances. Those assurances may relate to their income or assets. Imagine being a low-income individual to suddenly start dating an apparently very wealthy person. That factor alone may be enough for you to want to marry him or her. Finding out later that he or she is not wealthy may completely change your mindset and negate any of the positive feelings that you had for this person previously.
Another issue related to financial fraud is debt concealment. Lying about the debt that you own can be enough to cause your spouse to consider marrying you. For instance, suppose that your spouse concealed a hefty amount of debt from you. This may induce you to marry him or her. When you decide to marry based on untrue information that is fraud definitionally. Being aware of the fraud means looking further into circumstances and keeping your eyes and ears open. Then you can pursue a family law remedy if necessary.
Texas is a community property state. This means that distinguishing between marital and separate property is incredibly important. When you consider that debt is a divisible part of your community estate it places even more focus on being able to distinguish between truth and lies from a spouse. Once you determine that your spouse is not being truthful with you it is time to look to different legal avenues to address the issue.
A hypothetical situation involving fraud in your Texas marriage
Let’s walk through a hypothetical situation involving fraud in your marriage. Suppose that you are a successful entrepreneur in Houston. You own several businesses and have multiple streams of income. You have worked hard to build your businesses into successful enterprises without debt. Along the way, you met a man who you took an interest in romantically. After several months of dating, he asked you to marry him. It was your understanding that he, too, was an entrepreneur.
However, since the marriage began you’ve begun to understand that he may not be everything he has made himself out to be. For instance, when you started to ask him about combining your bank accounts, he displayed an unwillingness to even consider the topic. This made you think that his finances may not be as solid as you once believed. After you started thinking about it more became more likely that he was hiding something from you that came to his finances.
Now, curiosity has gotten the best of you. After examining your bank account more closely it appears that your husband has not contributed anything financially to the account since you got married. He has been living off your money. In and of itself this is not necessarily a bad thing. However, it is not the story that your spouse had led you to expect when you were going through the engagement process. Much of the reason behind you wanting to marry your spouse was based on fraud.
Reaching out to an experienced Texas family law attorney
When you suspect that fraud has played a part in your marriage then it is time to take action. We have already discussed how critical it is to your success that you do something about the issue in your marriage. The longer that you wait, the less good that can come out of the situation. By acting quickly, you provide yourself an opportunity to potentially annul the marriage. Even if you have not noted the fraud soon enough to annul your marriage you give yourself the best possible opportunity to obtain a fair divorce. What’s more, you diminish the chances that the fraud could negatively impact your life moving forward.
Filing for divorce is the first step in the process. This means filing an original petition for divorce and having it served upon your spouse. After that, the discovery process begins. You should request documents and information from your spouse to verify his claims about the family finances. Likely, it would come to be that your spouse has no legitimacy as it pertains to his finances. His lies fraudulently induced you to marry him. As a result, you are now able to allege fraud as a fault ground for divorce.
Talking through the steps of this process is one thing. However, having a plan to follow through these steps is another. This is where working on a team with an experienced family law attorney makes a tremendous difference. The last thing you want to do is see yourself struggle in a family law case. This divorce can shape the future trajectory of your life. Leave nothing to chance and reach out to an attorney at the Law Office of Bryan Fagan.
Consult with an experienced Texas family law attorney to understand marriage fraud
Admittedly, the information contained in today’s blog post has been presented to you in a very straightforward manner. As a result, you may be getting the impression that obtaining a divorce based on fault grounds is simple. However, this is not the case. Every divorce carries with it certain challenges. Obtaining a divorce based on fault grounds is more difficult than obtaining a divorce based on no-fault grounds.
An experienced Texas family law attorney is the difference between four people in your circumstances. An attorney can help to provide you with information about your case. Not only that, but an experienced Texas family law attorney also knows how to better guide you when it comes to topics related to divorce and family law. This advice is based upon an understanding of your specific circumstances.
Learning about marriage fraud in a blog post like this is a great place for you to Start learning. However, do not stop there. Rather, take the next step and begin to develop a strategy geared towards success in your case. If you do not quite know where to begin with this step please reach out to the Law Office of Bryan Fagan. We know how challenging a divorce can be. Don’t leave it to chance. Instead, reach out for advice and perspective tailored to your specific circumstances.
Obtaining information in a divorce based on fraud
As I’m sure you can imagine, your spouse likely will not be excited to provide you with information in a fraudulent environment. His habits precede him. Meaning that if he has lied to you previously there is largely no reason to expect that he would not be lying to you during a divorce. Of all the challenges associated with a divorce in Texas this ranks highly on the list. What can you do in a circumstance like this to help yourself? Where can you turn to obtain the information, you need?
This is where the discovery process can pay major dividends for you within your divorce. Discovery allows you to learn important information about the case of your spouse. This information is obtained via requests for information and answers to questions. Frequently, discovery requests are made at the beginning of a divorce. Both spouses have up to thirty days to respond to questions and play information. The documents and information gathered can be used to learn more about the other person’s case. This way you will be better prepared to negotiate for temporary and final orders.
As with other areas of your divorce, discovery is complex. There are opportunities to respond with objections to the questions being asked of you. However, understanding how to respond appropriately to these questions is no easy task. Rather, there are procedures that you need to be aware of when it comes to responding to discovery. The attorneys with the Law Office of Bryan Fagan know how to help spouses in your position.
Final thoughts on fraud in your marriage
It is not easy to go through a divorce under any circumstances. However, it is even more difficult to do so when fraud is a major factor in the case. Understanding the extent of the fraud can help you tremendously. At the same time, you may be at a disadvantage when it comes to having information shared with you. Since your marriage began due to a lack of information the last thing you want to do now is continue that trend into your divorce.
Working with an experienced Texas family law attorney offers you an opportunity to regain solid footing. An attorney does not make decisions for you in your case. Rather, an experienced family law attorney can create opportunities for you to strengthen your case and develop a better understanding of the positions that your spouse is taking. Families like yours deserve honest and diligent representation. If you have questions about how to proceed in your case, then please do not hesitate to reach out to the Law Office of Bryan Fagan.
Thank you for choosing to join us here on the blog for the Law Office of Bryan Fagan. Our experienced family law attorneys know how to assist spouses just like you. Our attorneys post unique and informative content to our blog seven days a week. Any questions you have about this topic or any other can be addressed to one of our experienced family law attorneys.
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.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.