QUESTION

marriage annulment instead of divorce

Asked on Sep 14th, 2016 on Divorce - Wisconsin
More details to this question:
I went overseas got engaged in good faith,came back filed for her K1 fiance visa, she came to US,we did court marriage on 06/18/2014 within 90 days time period, she refused to establish husband wife relationship and told me that it is only paper marriage, she was forcing me to file for her green card which I refused because her intentions seemed to be green card and not marriage.She never established husband wife physical relationship i-e marriage was never consummated, i was probably a victim of immigration fraud. After my refusal to file for her green card she without telling me left for Canada and is living some where there.Based on above facts can I request for marriage annulment rather than divorce.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
       I don't believe in my opinion that you fall within the annulment statute. The statute in Wisconsin speaks to a physical incapacity to have sexual intercourse being one of the grounds for annulment in WI. The refusal to have sexual intercourse is not the same as the physical inability or incapacity to do so, so my opinion is you need to consider the option of fiiing for divorce or legal separation instead, if the marriage is over.
Answered on Sep 15th, 2016 at 5:16 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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