Woman Finds Out Her Husband Is a Bigamist ... Via Facebook

CLEVELAND -- She knew her husband took a lot of business trips. Now she knows why.


"Megan" said she didn't suspect her husband of another marriage until the evidence was on her computer screen.

Her relatives pointed her to the other woman's Facebook page where Megan discovered multiple photos of her husband and the woman together.

A few weeks later, dozens of wedding photos also showed up on Facebook showing Megan's husband and his new bride.

"It's rubbing that salt into the wound of already finding out that my husband's having an affair," Megan said. "The pictures are out there for the world to see. It's not just that I have the knowledge, but I see the proof and everyone I know sees the proof and people I don't know see the proof."

Megan's wedding took place in Italy in 2005, and by 2008, the couple had two children and a home in a Cleveland suburb. As a businessman with his own plane, Megan's husband traveled a lot around the country and across the world.

Megan said she first became suspicious when her husband claimed to have been in China and even brought back gifts for the kids yet his passport had been at home the entire time.

To eventually learn on Facebook that her husband not only had another lover but now a second wife was devastating, Megan said.

"If they're going to have the affair, they're going to have the affair," she said. "But it's extra. It adds impact to the hurt, when they're posting the things they post about the affair. Pictures of the vacations they're taking with the other, the lover, the extra person. (Facebook posts) just cause a whole new hurt."

Common mistakes

Divorce attorneys are finding a staggering increase in evidence gathered through social media, according to CNN.

Andrew Zashin, a family law expert from Cleveland, said the artificial "celebrity" status that Facebook creates often clouds people's judgment of how those posts and others will come back to hurt them in court.

"If someone's having an illicit relationship, they don't know what the other side of that relationship is broadcasting to the world on Facebook," Zashin said. "Often times we'll see a man or woman denying an affair or a relationship. All of sudden, things start to unravel, not because they did something but because the other part of this illicit relationship did something (using social media)."

Body of Evidence

An attorney for Megan's husband told WTSP in Tampa, Florida that he doesn't believe he needs a divorce because he learned after the fact that the marriage paperwork was never filed correctly in Italy and therefor they were never married.

Megan claims everything with the marriage was done "by the book" and that a prenuptial agreement was signed. She plans to use pictures, posts, and other information from Facebook in her eventual divorce hearing.


© 2010 WKYC-TV

Sandra's Divorce is Final

SANDRA BULLOCK OFFICIALLY DIVORCED

Sources tell TMZ both Sandra and Jesse signed the final documents last week. Sealed documents have been filed with the clerk's office in Travis County, Texas -- sources tell us they are the papers making the divorce final. Sandra filed for divorce back on April 23, saying the marriage "has become insupportable because of discord or conflict of personalities."And sources say the divorce clears the way for Sandra to complete a single parent adoption.

How did it happen so fast?

The divorce is filed in Texas, which has a 60-day waiting period for divorce. Compare this to California's 6-month waiting period. Florida has a 20-day waiting period. New York does not have a waiting period.

Note that this "waiting period" in California is a cooling-off period, mandated by the Legislature. No divorce filed in California can be finalized (Judgment obtained) prior to six months from the date the other party was served.

Also note that the waiting period is a "minimum" period. Should the divorce be litigated (and many divorces are!), the issues can take many YEARS to resolve.

So here is another logical question - why doesn't everyone just file for divorce in a state that doesn't have a cooling off period?

Answer: You can only file in your chosen state if you fulfill residency requirements. In California, you may file here if you have resided in the state for 6 months, and the county in which you wish to file for 3 months. In Texas, same - 6 months. In Florida, same - 6 months. In New York, you can file if: 1) The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; 2) The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding; 3) The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action; or 4) The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action; or 5) Either party as been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

Moral of the story: You can get married anywhere. Divorce is a bit trickier.

Get a prenup.

Divorce, Death, or Annulment

Generally speaking, there are only three ways to get out of a marriage in Georgia: Divorce, death, or annulment. You know about the first two ways, so, today, let's talk a little bit about annulment.

As divorce lawyers in Augusta, Georgia, we often get telephone calls from people who are inquiring about annulment as an alternative to divorce. However, generally, annulment is a very limited option and a simple, uncontested divorce is a more viable alternative for most people.

The reasons are quite simple. Generally, to get a marriage annulled in Georgia, there must either have been fraud at the marriage's inception, (e.g. your worthless spouse, "Sluggo" forgot to tell you that he was already married), or you must have been underage when you got hitched. To make things even more difficult about annulment, if you have children of the marriage, then annulment is unavailable as an alternative and you have no choice but to seek a divorce.

But even though annulment is not a very good alternative for most couples, at least they can still get a divorce, and that's much better than the third alternative of dying, don't you agree?!

Annulment Based on "Fraud"

I have had several inquiries about annulments lately.

"He married me for a green card".

"I didn't know she was sleeping with someone else."

"He lied about how much money he has!"

I can understand the appeal of an annulment (v. a divorce) in these situations. An annulment basically says the marriage never existed to begin with. There would be no community property to divide; and no spousal support.

It's not that simple.

California law is this: An annulment based on fraud requires a VERY SUBSTANTIAL AND SPECIFIC SHOWING that the the fraud relates to an issue that is "...vital to the marriage relationship."

Here are some examples, listed in Williams v. Williams (1960) 178 Cal.App. 2d 522:

1. A secret intention not to have sex after marriage with spouse;
2. A secret intention of one spouse never to live as husband and wife in same house;
3. Party's concealment that she was pregnant by another man;
4. Concealment of sterility;
5. Secret intention to continue romantic affair with third person.

Bottom line: Annulments based on FRAUD will only be granted where the fraud is related in some way to the sexual or procreative aspects of marriage.

So, in my first three examples....green card fraud is probably not sufficient.

Sleeping with someone else - if the romantic affair was continuous and started before the marriage - could possibly annul the marriage.

Financial misrepresentation would probably not annul the marriage.

In conclusion, when you are seeking an annulment, be sure you request a divorce in the alternative, in case your annulment is denied.

Same-Sex Marriage Day!!!

California felt like Las Vegas yesterday as hundreds of couples rush the alter to celebrate their new right!



However it pays to be careful, according to this article.

1. Such marriages might be annulled in just over four months. California voters might repeal marriages between people of the same sex on November 4th. There is a referendum on the ballot this general election in California to amend that state's constitution to define marriage as between one man and one woman. In a prior post, I explained why I think that this amendment won't pass, but it is possible that it will pass. If it does, it will probably void marriages between people of the same sex celebrated in California.

2. Most states will not recognize such marriages. Many states won't recognize a marriage between people of the same-sex. Forty-four states have either a law or a constitutional amendment (or both) that deny recognition to same-sex marriages from other jurisdictions. If you are a resident of California or Massachusetts, then your home state will recognize your marriage to a person of the same sex. For now at least, the same is true for New York, but that could change if an appellate court decision in a case called Martinez v. County of Monroe is overturned by the New York Court of Appeals. That is possible, but also not likely. (For a discussion of why, see my prior post.) If, however, you live in one of the forty-four states (including, for example, Pennsylvania, Ohio, Texas, Virginia, and Florida) that have laws and/or constitutional provisions that specifically deny recognition to same-sex marriages, your marriage will probably get little or no recognition or respect in your home state, which is what matters in terms of the various legal rights and benefits associated with marriage. If you live in a state that doesn't have such a law but also hasn't recognized same-sex marriage (such as New Mexico, Rhode Island, or Vermont), then the status of your marriage in your home state is at present uncertain. (For a map showing which states have such laws or amendments, see this. (PDF)

3. It might be difficult to get divorced if you don't live in California. Like it or not, about fifty percent of first time marriages end in divorce. A same-sex couple who gets married in California cannot, if they are residents of another state, go back to California to get a divorce. Most states are happy to have non-residents come there to get married, pay a fee for a marriage license, stay in their hotels, pay their caterers, and the like. But the situation is different with divorce. States require that one of the parties to a marriage be a resident in order for their courts to hear or grant a divorce. If a same-sex couple lives in a state that does not recognize marriage between people of the same sex, they may find that they cannot get divorced, not unless they take the extreme and perhaps expensive measure of establishing residence in another state that will recognize their relationship, at least for purposes of dissolving it. Some same-sex couples who have married in Massachusetts (or obtained a civil union in Vermont) and then want to end their relationship when they are residents of another state may find themselves without access to a court willing or able to issue them a divorce. It is a big legal mess, a kind of hellish legal purgatory, to be trapped in a marriage that you want to get out of but can't.

4. Such marriages won't qualify for any federal benefits. Many of the important legal rights, benefits, and duties of marriage flow from federal law, including those related to federal taxes, immigration and naturalization, social security, ERISA, and bankruptcy, to name just a few. Thanks to a federal law passed in 1996, known as the Defense of Marriage Act, same-sex marriages are simply not recognized under federal law.

There remain reasons -- including important personal and symbolic reasons -- to get married in California. But it is a mistake to embrace these reasons without thinking carefully about the serious legal and financial implications of getting married. Everyone has the right to marry. The Supreme Courts in California and Massachusetts have taken the bold step of saying that the right to marry includes the right to marry a person of the same sex. But just because you have the right to marry doesn't mean that you should exercise that right, at least not in California at this moment.

What Is An Annulment and How Do I Get One?

Britney Spears did it. Rene Zellweger did it. So did Nicky Hilton.


WHAT IS AN ANNULMENT AND HOW DO I GET ONE?

Whereas a divorce ends a marriage, an annulment declares that the marriage never existed. This means, if you had your marriage annuled, you can tell people you were never married without lying. Since there is no marriage, there is no community property, and no spousal support. This, of course, is very attractive to most people, and that is why I am constantly asked by clients to annul their marriage.

Unfortunately, it is not easy to get an annulment. Let's look at the difference between "void" and "voidable" marriages. "Void" marriages cannot exist. Examples include bigamy and incest. If you are already married, your second marriage is void. You cannot marry your brother.

Then there is a "voidable" marriage. These marriages are valid until annuled. These include:
Minority Of A Party: The party who commences the nullity proceeding (or on whose behalf it is commenced) was under the age of lawful consent (under age 18) and did not obtain the requisite parental/court consent unless, after attaining age 18, the party "freely cohabited with the other as husband and wife." [Ca Fam § 2210(a)];

Prior Existing Marriage Or Domestic Partnership: Either party was legally married to another or a member of another domestic partnership, but the subsequent marriage or domestic partnership is not illegal and void because within the § 2210(b)(1) & (3) "voidability" rule (former spouse/domestic partner absent for five years and not known to be living or generally reputed to be dead. [Ca Fam § 2210(b)];

Unsound Mind: Either party was of "unsound mind" (unable to understand the subject matter of the marriage/domestic partnership contract and obligations incident thereto) unless, "after coming to reason," he or she "freely cohabited with the other as husband and wife." [Ca Fam § 2210(c)];

Force: Either party's consent to the marriage or domestic partnership was obtained by "force," unless the coerced party thereafter "freely cohabited with the other" as husband and wife. [Ca Fam § 2210(e)];

Physical Incapacity: Either party was "physically incapable" of entering into the marriage state (unable to engage in normal copulation) and such incapacity continues and appears to be "incurable." [Ca Fam § 2210(f)];

Fraud: Either party's consent to the marriage or domestic partnership was obtained by "fraud," unless the defrauded party thereafter, and with full knowledge of the facts constituting the fraud, "freely cohabited with the other" as husband and wife. [Ca Fam § 2210(d)]

Most people wish to annul their marriage based on fraud. So what constitutes fraud?



The long-standing rule in California is that marriage can be annulled for fraud if the fraud relates to an issue that is "...vital to the marriage relationship". The fraud must go to the "heart or essence of the marital relationship." Some examples are:

1) A secret intention not to engage in a sexual relationship after marriage with the spouse;

2) A secret intention of one spouse never to live as husband and wife in same residence;

3) The concealment by a party at the marraige that she was pregnant by another person;

4) Concealment of sterility;

5) A secret intention to continue a romantic affair with a third person.

Basically, the fraud has to be related in some way to sexual or procreative aspects of the marriage.

Here is a frequently asked question: What if I discovered that he/she married me for a green card? Is that fraud sufficient?

The answer is NO, unless it was coupled with a fraud relating to the essence of the marriage.

So unless the fraud is related to sex or procreation, you cannot get an annulment. In other words, if you have had sex with your spouse, even if he/she only married you for a green card, the annulment will be denied. Even if he/she married you for "money", that fraud alone is not sufficient.

So what happens if your annulment is denied? If you request it, the case will then proceed in the alternative as a divorce.