In re MARRIAGE OF RAMIERZ 81 Cal.Rptr. 3d 180 (Cal.App. 2008) CASE BRIEF

In re MARRIAGE OF RAMIERZ

81 Cal.Rptr. 3d 180 (Cal.App. 2008)

NATURE OF THE CASE: Jorge L. Ramirez appealed from a judgment annulling his second marriage to Lilia Llamas following a bifurcated trial in which the court found the marriage void due to fraud.

FACTS: Jorge and Lilia were married in a religious ceremony in California. The ceremony was performed by a priest or other official from the State of Jalisco, Mexico, and an 'Acta de Matrimonia' was issued. No marriage license was issued by the State of California. They eventually discovered that marriage was invalid because Lilia's prior divorce had not been final for 300 days prior to the marriage. Because it was made to look as though the parties were married in Mexico, the Mexican marriage certificate would prevent Jorge from getting his green card because it would make it appear that he had not been in continuous residence in the United States. The parties were remarried in 2001. Lilia became Jorge's sponsor to pursue his application for permanent residence and citizenship. In 2004, after she signed a document related to his immigration status, Jorge asked for a divorce. Lilia discovered that the other woman was her sister. Jorge and Blanca had begun an affair prior to the 2001 marriage, and it lasted until 2005. In a bit of spy work (by cell phone eavesdropping), Lilia heard that they would be together once he got his share of money and property from Lilia, and told her that he had only married Lilia to gain permanent residence status. Lilia attempted to settle the property division with Jorge and offered him one property but he refused. He then filed a petition for dissolution of the marriage on April 21, 2005. Lilia requested a judgment of nullity of marriage. The trial court concluded the 1999 marriage was void under the laws of Mexico and neither spouse was a putative spouse since neither acted in good faith. The court also found the second marriage was void because Jorge perpetrated a fraud on Lilia by carrying on an extramarital affair with Blanca. The court found Jorge made false statements to Blanca about his reasons for marrying Lilia, including a need for a green card to string her along and to delay having to make a commitment to her. It declared the 2001 marriage void on the ground of fraud. The court also found Lilia was a putative spouse, for purposes of making a division of property at a subsequent proceeding. Jorge appeals.

ISSUE:

RULE OF LAW:

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LEGAL ANALYSIS:

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