If I my spouse recently revealed that he patronized prostitutes prior to our marriage, does this meet the definition of fraud for purposes of an annulment?

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If I my spouse recently revealed that he patronized prostitutes prior to our marriage, does this meet the definition of fraud for purposes of an annulment?

One of the prostitutes robbed him so I will have evidence of his being robbed as he had to tell the bank involved. I was not aware of this activity and would not have married him had I known about this criminal behavior.

Asked on December 22, 2011 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, it almost certainly would not constitute grounds for annulment, since whether or not you would have married him had you known of this, it does not constitute a "fraud' upon the marriage--i.e. it's not something going to the basic validity of marriage, such as being underage, mentally incompetent, lying about fertility (since children are seen as something critical to marriage), lying about birth gender (i.e. having had a sex-change operation), etc. A past you disapprove of is not a fundamental fraud.


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