UPDATES IN MICHIGAN FAMILY LAW

Annulment | Properly dismissed where a party dies?

In Michigan, if a party dies before the divorce judgment is entered, then the divorce action is dismissed. What about a case where a party dies prior to judgment in an annulment action? Sometimes yes, sometimes no, said the COA on November 20, 2007, deciding  Summers v Summers. The court distinguished this case from Romatz v Romatz, 355 Mich 81 (1959), holding that under certain circumstances, it is appropriate to dismiss an annulment action after one of the parties has died.

In Summers, H sued W for annulment, claiming that she had fraudulently induced him to marry her, promising to take care of him, and that she had breached that promise. H died shortly after the complaint was served. His daughters filed initially were permitted by the T/C to substitute in for the plaintiff. Later, however, the T/C decided that substitution of parties was not appropriate and dismissed the case. The daughters appealed.

Is there any State where 1st cousins may legally marry?

There have been several questions on the State Bar of Michigan Family Law Section's Listserv this week about marriages between first cousins. I Googled this topic and learned the following:

Twenty-four states prohibit marriages between first cousins. Six states allow first cousin marriage under certain circumstances, and North Carolina allows first cousin marriage but prohibits double-cousin marriage. Twenty states and the District of Columbia allow cousin marriage. States generally recognize marriages of first cousins married in a state where such marriages are legal.

To see a map of the US showing the marriage laws for this issue see this URL.

Here's another website with some detailed information.

To visit Jeanne Hannah's website for more information, click here:

Beware Seeking Annulment Based upon Claims of "Sham Marriage"

Beware the dangers of seeking an annulment based upon a claim of a “sham marriage.” If U.S. Citizenship and Immigration Services (formerly Immigration and Naturalization Services or INS) investigates a spouse accused of perpetrating a sham marriage, both spouses are exposed to the danger of prison terms and fines for violation of immigration laws.

A Bulletin from the U.S. Attorney’s Office describing 26 indictments against 30 defendants that were returned by the grand jury in one day. (Some of those charged had already been deported.) The indictments all charged both the United States citizen and the alien with a violation of 8 United States Code, Section 1325(b) [Marriage Fraud] and 18 United States Code, Section 2 [Aiding and Abetting] in Count One. Counts Two and Three charged the alien and the United States Citizen, respectively, with violations of Title 18 United States Code, Section 1546 [False statement in a document required by immigration laws] based on the false representations made in the immigration forms submitted (I-485 and I-130). Finally, Count Four charged them both with a violation of 18 United States Code, Section 1001 [False statements in a matter within the jurisdiction of an agency of the United States] and Title 18 United States Code, Section 2 [Aiding and Abetting] based on the statements made at the time of the videotaped interview. Penalties include not only a prison term up to 5 years but also fines. According to law, those fines can be up to $250,000.

Where a resident alien is found to have entered into a sham marriage, he or she could be prevented from ever obtaining a visa to visit again in the U.S. and be denied any subsequent application for a green card. If domestic abuse is alleged, this, too could prejudice any future attempt by a resident alien to obtain a visa or a green card sponsored by a family member.

To contact Jeanne Hannah with your questions or to view her Family Law website, click here.