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Annulment in US US citizen married to a foreign bride in a foreign country!

Annulment in US US citizen married to a foreign bride in a foreign country!

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Old Oct 5th 2003, 3:09 pm
  #1  
Tath
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Default Annulment in US US citizen married to a foreign bride in a foreign country!

Hi,

Can someone suggest me is it possible to get an "annulment" in the US
eventhough marriage occured in a foreign country. Bride is still in a
foreign country and apprantly ran away(premarital affairs) with
someone after the marriage. I have an email proof saying this. Is this
enough for getting anuulment? or does this vary state by state. I am
currently in AL state.

Thanks
 
Old Oct 6th 2003, 1:11 pm
  #2  
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Default Re: Annulment in US US citizen married to a foreign bride in a foreign country!

It's an interesting question and I don't know the answer, but I wanted to move the post back up.
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Old Oct 6th 2003, 1:26 pm
  #3  
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All family law matters are state-dependent. So you need to consult with a family law attorney in Alabama.

Good luck!
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Old Oct 6th 2003, 2:27 pm
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Default Re: Annulment in US US citizen married to a foreign bride in a foreign country!

Originally posted by Tath
Hi,

Can someone suggest me is it possible to get an "annulment" in the US
eventhough marriage occured in a foreign country. Bride is still in a
foreign country and apprantly ran away(premarital affairs) with
someone after the marriage. I have an email proof saying this. Is this
enough for getting anuulment? or does this vary state by state. I am
currently in AL state.

Thanks
Hi:

As Angel pointed out, this is a matter of STATE law. You need t contact a local attorney.

Buty by way of GENERAL discussoin as taught in law schools [which do not limit themselves to teaching the law of one particular state]:

Your question has at least two parts in it.

One is a matter jurisdiction -- can Alabama rule on the validity of a foreign marriage? The general answer to that is "yes."

The second question is then on the MERITS of your claim. Even if the court has the jurisdction and power to annul your marriage -- will they do so? I have no idea. That is dependent upon the law of Alabama, and under Alabama "choice of law" provisions, the law of the country where the marriage took place. [A California court will annul a marriage of two first cousins who go to Las Vegas to get married, but will NOT do so if they married in Los Angeles].
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Old Oct 6th 2003, 3:10 pm
  #5  
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Default Re: Annulment in US US citizen married to a foreign bride in a foreign country!

Also there is the fact that an annulment based on "pre" marital relationships might not be a basis for an annulment and/or even a divorce. Physical and emotional affairs that occur before a marriage would normally not have anything to do with the validity of the marriage after the fact. At least I believe this might be the case with "civil" annulments. Religious annulments are horses of a different color.

Unless, of course, the OP was talking about "post" marital affairs.

Originally posted by Folinskyinla
Hi:

As Angel pointed out, this is a matter of STATE law. You need t contact a local attorney.

Buty by way of GENERAL discussoin as taught in law schools [which do not limit themselves to teaching the law of one particular state]:

Your question has at least two parts in it.

One is a matter jurisdiction -- can Alabama rule on the validity of a foreign marriage? The general answer to that is "yes."

The second question is then on the MERITS of your claim. Even if the court has the jurisdction and power to annul your marriage -- will they do so? I have no idea. That is dependent upon the law of Alabama, and under Alabama "choice of law" provisions, the law of the country where the marriage took place. [A California court will annul a marriage of two first cousins who go to Las Vegas to get married, but will NOT do so if they married in Los Angeles].
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Old Oct 6th 2003, 3:12 pm
  #6  
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Default Re: Annulment in US US citizen married to a foreign bride in a foreign country!

Originally posted by Rete
Also there is the fact that an annulment based on "pre" marital relationships might not be a basis for an annulment and/or even a divorce. Physical and emotional affairs that occur before a marriage would normally not have anything to do with the validity of the marriage after the fact. At least I believe this might be the case with "civil" annulments. Religious annulments are horses of a different color.

Unless, of course, the OP was talking about "post" marital affairs.

It would be further assumed that the spouse would know about premarital physical relationships if the marriage had been consummated. If the marriage had not been consummated then would USCIS consider the marriage valid to begin with?
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Old Oct 6th 2003, 9:42 pm
  #7  
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Default Re: Annulment in US US citizen married to a foreign bride in a foreign

Tath wrote:

    > Hi,
    >
    > Can someone suggest me is it possible to get an "annulment" in the US
    > eventhough marriage occured in a foreign country. Bride is still in a
    > foreign country and apprantly ran away(premarital affairs) with
    > someone after the marriage. I have an email proof saying this. Is this
    > enough for getting anuulment? or does this vary state by state. I am
    > currently in AL state.
    >

There is an oxymoron, "email proof".
The only way this is actual proof is if you got a copy of the message
from the sending ISP based on the message id header.

There are a couple of issues.
This would be dependent on the laws of the state you reside in and
possibly the laws of the country you were married in.

Get a REAL attorney. For matters like this, you do not want a newsgroup
 

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