Can I obtain an annulment if my spouse married me in order to get a green card?

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Can I obtain an annulment if my spouse married me in order to get a green card?

I am a disabled Viet Nam vet who married a woman 4 years ago. She is 27 years younger than me. We completed a pre-nuptial agreement before marriage, for which she had legal representation. In the pre-nup, we agreed that if marriage ended neither party would be entitled to any pre-existing assets or alimony. We separated after 10 months. If I have reason to believe that she married me for the green card rather than loving me.

Asked on July 1, 2011 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  In Massacheusetts  you are entitled to file for an annulment of your marriage under limited circumstances.  Not all marriages qualify for an annulment. In Massachusetts, annulment is appropriate for "voidable" marriages. Some examples of voidable marriages are where a spouse is underage or where there is a close blood relationship between the parties (such as brother-sister), a spouse who is insane at the time of marriage; a spouse who is impotent at the time of marriage.  But here is also a ground that may apply here: a marriage where one spouse induces the other to enter the marriage by perpetuating a fraud that goes to the essence of marriage.  I would speak with a divorce lawyer on the matter as soon as you can.  Good luck.


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