Can wife divorce new husband if never disclosed criminal record prior to the marriage?

Question

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?

John Kirchner · Answer

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.

Paul Evans · Answer

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.

Steven Alpers · Answer

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.

Frances Headley · Answer

She can get a dissolution if she wants one but the criminal record disclosure is irrelevant.

Gregory Crain · Answer

File for divorce.

John Rivers · Answer

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.

Willie Stephen Graves · Answer

She can get divorced, and she can probably even get an annulment. She needs a lawyer.

George Seide · Answer

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.

Leonard A. Kaanta · Answer

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.

Harry Roth · Answer

She can legally get divorced based on not liking the color of his shirt. All it takes is irreconcilable differences.

James Albert Bordonaro · Answer

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.

Michael Yeksavich · Answer

She apparently has an attorney so she should talk to the lawyer.

Horace D. Cotton · Answer

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.

Lori Haskell · Answer

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.

Timothy Byrne · Answer

It is not grounds in Mississippi. She may need to negotiate her way out of this marriage.

Cathy Cook · Answer

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.

Loren Zahn · Answer

California is a no fault divorce state. She can seek a divorce without having a reason (irreconcilable differences).

Leonard Schwartz · Answer

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.

Jennifer Hanna · Answer

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.

Gary Russell · Answer

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.

Monica H. Donaldson Stewart · Answer

If they reside in Arizona, then she does not need a "reason" to get divorced because Arizona is a no-fault state.

Timothy Lopez · Answer

She can get divorced for practically any reason. She may even be able to get an annulment.

Dave Hawkins · Answer

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.

Glen Edward Ashman · Answer

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.

James Lentz · Answer

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.

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Can wife divorce new husband if never disclosed criminal record prior to the marriage?

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