Q&A

What does citing fraud in a divorce mean?

What does citing fraud in a divorce mean?

Sept. 19, 2005 — — Just three months after marrying country music star Kenny Chesney on a Caribbean beach, Renee Zellweger moved to annul their marriage, citing “fraud” in court papers as the reason for the breakup. In other words, by saying ‘fraud,’ Renee is saying there has been a big lie.

Are there any cases of fraud during divorce?

Aside from dissipation, other types of fraud can be discovered during divorce by investigating the family finances. There are cases of forgeries and questionable documents, tax fraud, loan fraud, and insurance fraud – but the majority of divorce fraud is centered within the framework of misappropriation of assets.

Can a fraudulent divorce order be nullified by the court?

The bottom line, though, is that in all of these cases the court has a strong inclination to not vacate a prior order. If your spouse has obtained divorce orders without your agreement by using fraud, lies or trickery, you do have a remedy. The fraudulent divorce orders can be nullified by filing a CR 60 (b) motion to vacate, as described above.

Is it possible to get an annulment due to fraud?

However, an annulment is never guaranteed and proving fraud in that context can be very difficult. You still have the option of getting a divorce due to fraud by filing a petition for a fault-based divorce. You must present sufficient evidence to prove your spouse defrauded or deceived you.

Can a spouse be involved in financial fraud?

Those feelings can lead to an intense mistrust of your spouse, which may make you believe that your spouse is hiding assets or engaging in other financial misbehavior. Before we start to discuss financial fraud and divorce, you need to know that serious fraud only occurs in a very small number of cases.

What is meant by fraud as a grounds for divorce?

State laws can vary widely when it comes to divorce law. In some states, the fraudulent conduct of one spouse may provide grounds for divorce, though this is more commonly grounds for annulment — which voids the marriage as if it never existed — rather than divorce.

Can a spouse file for fraud after a divorce?

The court held that the wife’s claim was unenforceable as a matter of law. Allowing a party to file an action for fraud whenever the other party, more than one year after the divorce judgment is entered, liquidates assets or consummates a business transaction is contrary to the public policy behind the finality of judgments, the court declared.

How does fraud and duress lead to a divorce?

In some cases this process occurs because the spouse finally escapes from pressures exerted by the more controlling and dominant marriage partner; in other cases the dependent spouse gets wind of information suggesting that the other spouse held back key details about marital assets.

However, an annulment is never guaranteed and proving fraud in that context can be very difficult. You still have the option of getting a divorce due to fraud by filing a petition for a fault-based divorce. You must present sufficient evidence to prove your spouse defrauded or deceived you.