Can I get an annulment based on the fact that my husband doesn’t want to live with my kids from a previous marriage?

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Can I get an annulment based on the fact that my husband doesn’t want to live with my kids from a previous marriage?

We were married 4 months ago. He knew that I had primary physical custody of my 2 children from my previous marriage. He is saying now that he only wants to live with me on the weekends that I don’t have my children. Does this qualify for annulment under fraud?

Asked on January 25, 2012 under Family Law, New Jersey

Answers:

Heidi Holliday / The McDowell Law Firm

Answered 9 years ago | Contributor

In California, the type of fraud (misrepresentation/concealment) sufficient to support a judgement of annulment must be "vital to the relationship" and directly effect the deceived party (you) in consenting to the marriage.

Examples include: conceiling you are sterile or pregnant, motive to marry was solely to obtain a green card, and a concealed into not to live with the other spouse despite a promise to the contrary.

Thus, if you can prove he had knowledge of your custody of the children, and intended to live with you in the same house with them, you have grounds to file for annulment. The final decision will rest with the judge.

I hope this helps.

Regards,

H. Doc Holliday

 


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