Can wife divorce new husband if never disclosed criminal record prior to the marriage? 36 Answers as of September 07, 2012

My sister is married to her husband for about a month now and just found out that the husband has a criminal history. He never told her and she's filed her marriage papers already. She is so confused and is on the verge to go divorce him but has not said anything to him because she's scared. What step do you think she should take? Can she legally get divorced based on this?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
In Colorado one spouse only has to assert that the marriage is "irretrievably broken" and the other spouse cannot block the divorce. That is little more than saying "I don't want to be married anymore", so his criminal history is irrelevant. There may be some differences in other states, but generally the existence or non existence of a criminal record is irrelevant by itself - the deception or fraud might be grounds for divorce, but there are likely easier grounds in most states.
Answer Applies to: Colorado
Replied: 9/7/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
Nevada allows for no fault divorces. So, your sister can obtain a divorce. Whether she wants to pursue a divorce is a personal question and can only be answered by her. If she chooses to obtain a divorce, she can file the paperwork on her own or retain an attorney. Maybe the husband will agree to the divorce and it can filed as a joint petition. All of the forms can be obtained at the Family Court.
Answer Applies to: Nevada
Replied: 8/21/2012
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
Missouri is a no-fault divorce state. The marriage can be dissolved when either party testifies that the marriage is irretrievably broken and there is no likelihood that the marriage can be preserved.
Answer Applies to: Missouri
Replied: 8/22/2012
Law Offices of Frances Headley | Frances Headley
She can get a dissolution if she wants one but the criminal record disclosure is irrelevant.
Answer Applies to: California
Replied: 8/22/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Don't need a reason to get a dissolution in Iowa. Just have to file a petition as say that the marriage is broken down to the extent that the legitimate objects of matrimony cannot be preserved. This is a no fault state.
Answer Applies to: Iowa
Replied: 8/22/2012
    Steven Alpers | Steven Alpers
    It depends what his history is for and how long ago he was in trouble. She could file for annulment if she feels she was defrauded. If it is old and minor in nature, it would only be a problem if she is upset by it. If she files she should also ask for dissolution, so the court does not say not enough evidence of fraud and deny an annulment.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Gregory Crain | Gregory Crain
    File for divorce.
    Answer Applies to: Arkansas
    Replied: 8/22/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    She can get divorced, and she can probably even get an annulment. She needs a lawyer.
    Answer Applies to: Texas
    Replied: 8/22/2012
    Attorney at Law | John P. Rivers
    There are 13 grounds for divorce in Georgia. These include fraud in obtaining the marriage. However, possibly the most common grounds for divorce is an allegation that the marriage is irretrievably broken in that the parties can no longer reconcile there differences. In most cases the court must grant a divorce as a matter of law on the grounds that the marriage is irretrievably broken.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    The only grounds for divorce in Michigan is that the bonds of matrimony have been broken and there remains no reasonable likiehold that they can be restored.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes, your sister can get a divorce. She may want to consider an annulment depending on the nature of the criminal conviction.
    Answer Applies to: Nevada
    Replied: 8/22/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If the parties are in California, the only grounds she needs for a Divorce is "irreconcilable differences". Clearly, such differences exist. She might even qualify for an Annulment, so she should file and serve an Amended Petition, checking the boxes for both Annulment and Dissolution of Marriage, so that she can seek an Annulment for Fraud based on her facts, but if the Court denies the Annulment, she can proceed to get a Divorce at the same hearing.
    Answer Applies to: California
    Replied: 8/22/2012
    ADELMAN & SEIDE, LLP
    ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
    Depending on how long they have been married and what the crime was, she may be able to get an annulment. That makes it so the marriage never happened. Regardless, she can get a divorce in CA without any reason.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    She should divorce him or seek counseling. It is unlikely that she can get an annulment. I would think an annulment might depend on the type of crime he committed.
    Answer Applies to: Kansas
    Replied: 8/22/2012
    Attorney At Law | Harry D. Roth
    She can legally get divorced based on not liking the color of his shirt. All it takes is irreconcilable differences.
    Answer Applies to: California
    Replied: 8/22/2012
    T.K. Byrne | Timothy K. Byrne
    It is not grounds in Mississippi. She may need to negotiate her way out of this marriage.
    Answer Applies to: Mississippi
    Replied: 8/22/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    She can get divorced for any reason she wants. So, yes she can file for divorce.
    Answer Applies to: California
    Replied: 8/22/2012
    Horace D. Cotton, PLLC | Horace D. Cotton
    Michigan is a No-Fault divorce state. All she needs to allege is that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and that there is no reasonable likelihood that the marriage can be preserved.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Mike Yeksavich | Mike Yeksavich
    She apparently has an attorney so she should talk to the lawyer.
    Answer Applies to: Oklahoma
    Replied: 8/22/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    California is a no-fault divorce State. Meaning, it doesn't matter why someone wants to get divorced. A person merely indicates on the divorce petition "irreconcilable differences." The court is not interested in the reasons why a person wants to get divorced.
    Answer Applies to: California
    Replied: 8/22/2012
    Haskell Law Firm | Lori Haskell
    One does not need a "reason" to be divorced in Michigan, besides that there has been a breakdown in the marital relationship. Your sister may want to talk to someone about having the marriage annuled, due to the fraud of her husband.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    Yes, she can obtain a divorce. Ohio is basically a no fault divorce state. She might be able to obtain an annulment if she can prove fraud.
    Answer Applies to: Ohio
    Replied: 8/21/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    California is a no fault divorce state. She can seek a divorce without having a reason (irreconcilable differences).
    Answer Applies to: California
    Replied: 8/21/2012
    Mary W Craig P.C. | Mary W Craig
    Your sister can get legally divorced based upon incompatibility. She doesn't need this to get divorced. This may enable her to get an annulment, if that is what she would rather have. She can claim fraud, and state that she never would have married him had she known he had a criminal record. I would ask her, though, whether she loves this man, and what the criminal background is. If she's angry because he didn't tell her, not because he has a criminal past, then counseling may be better than a divorce. And what is his criminal past? Many people make mistakes, take their punishment and live good, productive lives for decades. I personally know of one man who murdered 2 people, then murdered another while in prison. But while there, he discovered God and spent the rest of his life as a prison minister, helping others learn to be the kind of person God always wanted them to be. Before she heads for a divorce lawyer, maybe the two of them need to go to counseling and try to work this all out.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Hanna Legal, LLC
    Hanna Legal, LLC | Jen Hanna
    Under Wisconsin law, one does not need a reason for seeking a divorce - it is available to anyone upon the assertion that the marriage is "irretrievably broken." She might also qualify for an annulment, depending on the crimes.
    Answer Applies to: Wisconsin
    Replied: 8/21/2012
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    If she has lived in Florida for more than six months, she can file for a divorce anytime for any reason.
    Answer Applies to: Florida
    Replied: 8/21/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    In New Jersey I believe would be easier to wait 6 months and then file based upon irreconcilable differences. That is like a no fault divorce. No real explanation is needed.
    Answer Applies to: New Jersey
    Replied: 8/21/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    I'm not sure what you mean by "filed her marriage papers" - but a divorce at this point is not possible in New York without more. She should discuss her case in detail with a local divorce attorney to see if she has grounds for an immediate divorce, or whether she should seek an annulment.
    Answer Applies to: New York
    Replied: 8/21/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Michigan is a no fault divorce state. That means she does not need to have grounds to file for divorce. She can divorce him without stating any reason.
    Answer Applies to: Michigan
    Replied: 8/21/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If they reside in Arizona, then she does not need a "reason" to get divorced because Arizona is a no-fault state.
    Answer Applies to: Arizona
    Replied: 8/21/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    In Wa. state, she does not need a reason to get divorced we're a no fault state. She just has to say that the marriage is irretrievably broken and she can get a divorce regardless of whether he agrees or not.
    Answer Applies to: Washington
    Replied: 8/21/2012
    Law Office
    Law Office | Timothy J. Lopez
    She can get divorced for practically any reason. She may even be able to get an annulment.
    Answer Applies to: California
    Replied: 8/21/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Since most states allow divorce on no fault grounds, it probably doesn't matter if he did or didn't tell her. If she wants a divorce, she simply should call a lawyer.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Your sister needs to sit down with a family law attorney quickly. She may qualify for an annulment, which means that because of the fraud present at the onset of the marriage, the marriage was void from the beginning or void ab initio. But only a lawyer will be able to determine if this is possible or whether she must take a traditional divorce.
    Answer Applies to: Ohio
    Replied: 8/21/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    She can divorce him for any reason at all. All that is required is that one party believes there has been an irretrievable breakdown of the marriage.
    Answer Applies to: Minnesota
    Replied: 8/21/2012
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