Divorce and fraud?


#1

bump


#2
  1. I don’t think this is considered fraud towards you. He may be in trouble with the IRS but he just didn’t tell you about it means that he lied by omission, I may be wrong but I don’t think that constitues fraud in a marriage.
  2. Hope an attorney responds because I do not know about this one.
  3. An annulment is basically wiping out all traces of a legal marriage taking place. It never happened. It’s rare that this is granted in NC and would also depend on how long you have been married along with all the other things you posted. Divorce is just that. You were legally married and now are legally divorced.

#3

Dear stillsad:

Greetings.
(1) No, that is not fraud. Fraud is not failing to disclose a financial situation. Fraud implies a lie of some sort in my opinion. This is just possibly criminal tax evasion or simple poor financial planning. You must decide to leave and protect your finances or stay and hope you can both work it out. Remember that all the debt he accumulates during the marriage, including owing taxes, is marital debt. The longer you stay, the more debt he may accumulate.

(2) Yes, you must wait the one year here in NC. I cannot advise you on whether or not the divorce in the Dominican Republic would be valid here. Where you married is not really an issue as long as the marriage was legal where you married.

(3) An annulment treats the situation as if the marriage never happened. A divorce is a legal cut of the legal tie holding the two of you together. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I hope this works out on making a reply…Anyhow going to do this before i even say anything and lose it…

marie hall


#5

Huh?

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

In one of the posts, it shows the grounds for an annulment in NC are as follows:

If one or both of the parties is under the age of 18 when they were married;
If the parties are related by blood to a degree closer than 1st cousins;
If either one of the parties was incompetent to marry at the time they were married (for example, mentally incompetent);
If one of the parties is impotent; or
If one of the parties committed fraud (for example, Husband and Wife got married b/c Wife told Husband she was pregnant, and she wasn’t.)

  1. With that said, would fraud be considered the case if my now husband didn’t tell me that he hasn’t paid federal income tax on his paycheck for the last two years and now owes the gov’t more than $10,000 in back tax?? Also, he hasn’t had anything taken out of his paycheck for retirement the last 2-3 yrs either (and is 43 years old…no time to play when it comes to retirement). I also assume any past retirement funds have been spent after he left each past company due to how I see him spending his money. Anyway, I found all this out when I asked him for his W-2 this past feb and he wouldn’t give them to me…when he finally did, I saw a BLANK spot for federal amount withheld and 401K…i was SHOCKED!!! I also ended up having to file ‘married, filing single’ and get hit with a heavier penalty b/c if I had filed with him, my return would have been taken by the gov’t to compensate for what he owed! The large penalty cost me about a 3K diff in my normal returns as well; normally I get 4-5 K back and I only received 1,200 back this year and had to pay state! Do you think this is all fraud???

  2. Also, we were married in Mexico, so do we will have to go thru the 1 yr separation period if we decide to divorce??? Or can we just go to Dom Rep and file the quickie divorce??? Please let me know! Thanks!

  3. What is the diff b/w a divorce and an annulment?

Your assistance is greatly appreciated. Thanks!