Can someone get a marriage annuled for fraud after being separated 7 years?

My boyfriend married someone 7 years ago who said she had cancer that was terminal and wanted someone to adopt her kids so they could be handed over to her parents instead of their own biological fathers. He married her and found out 6 months later that she was faking chemo to make it look like she had cancer but didn’t actually have it. They did an informal separation, and he thought that he couldnt get the marriage annulled in Iowa, so they are just leaving things as they are for now. Can he get it annulled now since she refuses to divorce him? Would he be responsible for her debts now?

Asked on July 5, 2012 under Family Law, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Different states in this country have different laws with respect to the annulment of a marriage. However, from what you have written about your boyfriend, the delay of six (6) years plus after his marriage knowing that he was lied to with respect to one basis for marrying his wife most likely precludes him from getting an annulment.

If he wishes to divorce his wife, he simply needs to file a petition for such in the county and state of his residence and serve such upon his wife to get the process moving. Your boyfriend would not be legally responsible for his wife's debts from the time of his separation from her onward. I suggest that your boyfriend consult with a family law attorney about the matter you have written.


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