Texas Divorce Attorney Blog
A court may grant a Texas annulment if the other party induced the petitioner into the marriage by fraud, duress or force and the petitioner did not voluntarily cohabit with the other party after learning about the fraud or being released from the force or duress. Tex. Fam. Code § 6.107. A former husband recently challenged an annulment, arguing there was insufficient evidence to support a finding of fraudulent inducement.
According to the appeals court, when the parties began dating in 2021, the husband was authorized to work in the U.S. and had a pending asylum case. The wife was a U.S. citizen.
They signed a premarital agreement and got married in a civil ceremony in October 2021. They talked about having a traditional ceremony in India with the husband’s family, but the husband would need a green card to be able to return to the U.S. if they went to India.
According to the wife, she did not know about this issue until they were engaged and they husband asked for her help getting a green card the next day. She said the husband was aware she had helped her first husband become a citizen and he had subsequently become abusive.
The parties lived together after the civil ceremony and made plans to have a traditional wedding in India. An immigration attorney advised them the wife would need to assist the husband in getting a green card before they could travel outside the U.S.
The husband moved out in February 2022 and the wife petitioned for annulment. She alleged she was induced into the marriage through fraud.
The trial court ultimately signed a decree of annulment, finding the husband had induced the wife into the marriage through fraud. The court also found the marriage was voidable and concluded it was null and void.
The husband appealed.
Legal Sufficiency
The husband argued there was no evidence supporting the court’s finding of fraudulent inducement.
A party establishes fraudulent inducement when they prove the other party made a false material misrepresentation that was known to be false at the time. They must show that the false material misrepresentation was intended to be acted upon, that they relied upon it, and that it caused injury. Tex. S. Univ. v. State St. Bank & Trust Co.
The husband argued he did not need a green card to live or work in the U.S. The court noted the wife testified she learned about the husband’s pending asylum application early in the relationship. Although the husband said “he’s not the person who would ask [her] to file for his paperwork,” he asked her to file paperwork to help him get a green card just a day after proposing. He had not requested any help with obtaining citizenship before the engagement, but she said he knew she had helped her first husband.
According to the court’s opinion the husband “again started pushing” the wife because he was unable to travel. He also asked her to meet with an immigration attorney for advice on when he could go to India. The wife said the husband told her he had paid $8,000 to his sisters’ sister-in-law for an immigration benefit, but she did not go through with it. The wife claimed the husband told her his sister had only married for purposes of immigration. The wife learned the husband had not actually made any plans for the traditional wedding ceremony in India.
The husband denied the wife’s testimony.
The appeals court noted the trial court was responsible for determining the credibility of the witnesses and could have believed the wife and not the husband. The appeals court further concluded the trial court could reasonably have determined the husband’s conduct before the marriage, including his representation he would not ask the wife to file paperwork, constituted fraud to induce the wife into the marriage. The appeals court concluded there was more than a scintilla of evidence supporting a finding of fraud so there was legally sufficient evidence in support of the annulment.
Factual Sufficiency
The husband also argued the fraud finding was contrary to the great weight and preponderance of the evidence.
Only the parties testified at trial and the appeals court deferred to the trial court’s determinations regarding credibility and weight of the evidence. Based on the record, the appeals court concluded the finding was not so much against the great weight and preponderance of the evidence that it was clearly wrong and manifestly unjust. The appeals court held there was factually sufficient evidence to support an annulment based on fraud.
After determining there was legally and factually sufficient evidence supporting the findings, the appeals court held the trial court had not abused its discretion by granting the annulment.
Attorney’s Fees
The appeals court did, however, agree with the husband that the trial court erred in awarding attorney’s fees to the wife because there was insufficient evidence they were reasonable and necessary.
The appeals court affirmed the annulment, but reversed the judgment as to the attorney’s fees award and remanded for the trial court to redetermine the wife’s reasonable and necessary attorney’s fees.
Seek Legal Advice Right Away
Annulment is relatively rare compared to divorce, but may be available in some limited circumstances, including fraud. In addition to immigration status, fraud may also be based on misrepresentation involving financial status and other important matters. When available, annulment can help protect the assets of a spouse who entered the marriage with a high net worth or significantly more assets than the other spouse. If you believe your spouse induced you into marriage by fraud, an experienced Texas family law attorney can advise you of your rights. Set up a consultation with McClure Law Group at 214.692.8200.