In re Marriage of Rabie

California Court of Appeal · Family Law

Family LawAnnulmentFraudnullityannulmentfraud in marriagevoidable marriagemarital duties

Facts

Manuchehr, an Iranian citizen, sought to marry a United States citizen and first proposed to another woman, Delia Lopez, but ended that relationship when her existing marriage prevented a quick remarriage. He then met Judith, asked on their first meeting whether she was a United States citizen, proposed immediately, and married her in Las Vegas within days; Judith promptly applied for his immigration "green card." While they lived together for about six months and conceived a child, Manuchehr told Lopez he had married Judith only because he needed the green card and insulted Judith while professing love for Lopez. After receiving the green card, the marriage rapidly deteriorated, Judith forced him out, and he immediately began living with Lopez; Judith then sought nullity for fraud.

Issue

Was there substantial evidence that Manuchehr fraudulently induced Judith to marry him by entering the marriage solely to obtain an immigration benefit rather than to perform marital duties, and if so, did Judith ratify the marriage by freely cohabiting with him after learning of the fraud?

Rule

A marriage is voidable for fraud when the evidence shows either false statements on matters vital to the marriage relationship or that, at the time of marriage, the respondent did not intend to perform marital duties and instead assumed the marital relation solely to gain some advantage inherent in marriage. Fraud of this kind warrants nullity when it defeats the essential purposes of marriage and places the injured party in an intolerable relationship. Ratification, not condonation, is the relevant defense, and it requires full knowledge of the facts constituting the fraud plus free cohabitation thereafter; suspicion or inconclusive belief is insufficient.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Omar Nasser met Kara Bowen at a coffee shop and asked during their first conversation whether she was a United States citizen. He proposed two days later, married her the next week, and urged her to file papers that would improve his immigration status. Months later, Omar told a friend he had married Kara only to stay in the country and planned to leave once his paperwork was approved.

If Kara petitions for a judgment of nullity based on fraud, which argument best supports granting relief?

Explanation. A voidable marriage may be adjudged a nullity for fraud when the evidence shows the respondent entered the marriage without intent to perform marital duties and solely to gain some advantage inherent in the matrimonial state. Here, the rapid marriage, the immigration paperwork, and Omar's admission support an inference that he never intended a true marital relationship. The majority also makes clear that cohabitation alone does not defeat such a claim. (Derived from In re Marriage of Rabie (n.d.).)