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Can our marriage be annulled if he has been deported?

December 27, 2016 Blog

While one spouse can’t get an annulment because the other spouse was deported, there are reasons for annulment that may apply to the situation if they’re fraudulent in nature.

Ending of a Marriage
There are two ways that a marriage can end. One of those is divorce, and the other way is through annulment. When a couple divorces, they are acknowledging that there was actually a marriage that needs to be dissolved. With an annulment, the couple is saying that there wasn’t a marriage at all from the very beginning.

Reverting to Single Status
When a couple divorces, they are considered divorced as a marital status. The marital status for an annulment goes back to the status prior to the marriage, which is most likely single.

State Rules on Annulment
The state where the couple lives, and where they’d like to receive the annulment, has different rules and acceptable reasons they’ll allow for neutralization of the marriage. One of the most common reasons that a state will allow is if either party was threatened or forced into the marriage. Other reasons include one of them being too young or mentally impaired to consent to the marriage in the first place. Bigamy, incest and not consummating the marriage are three more reasons that the state will grant an annulment.

Fraud in the Marriage
A big reason for annulments is fraud. In fact, this might apply to the person being deported in certain circumstances. Fraud might be considered in a marriage where one person has concealed a positive HIV status. In some states, if a man had another woman pregnant at the time of the marriage and didn’t reveal it, that might provide a reason for annulment due to fraud.

Fraud is considered when one partner marries simply to gain a green card for the U.S. The deportation isn’t a reason for the annulment, but the fraud of marrying for a green card is a valid argument for neutralizing the marriage.

Court for Annulment
An annulment has to be authorized by a judge in a courtroom. The parties of the annulment have to be notified of the hearing before a judge. When a person has been deported, notification might be impossible. Some states won’t allow the annulment to continue unless the person is served with the papers and has the ability to answer or attend the proceedings.

Answer to the Question
If you want to get an annulment because you believe the marriage was fraudulent, you could have a case for the dissolution of the marriage. If you want to get an annulment because your spouse is being deported, that won’t be possible. The reason for the marriage has to involve fraud. You’ll have to get a divorce.

Whether you want an annulment or a divorce, you should be consulting an attorney to see how to proceed with your case. It might be difficult to track down the deported spouse, which makes the case more complicated. Your attorney can advise you on how to proceed based on the circumstances of your situation.



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