In re Marriage of Ramirez
Court of Appeals of California
81 Cal. Rptr. 3d 180 (Cal. App. 2008)
Jorge Ramirez (plaintiff) and Lilia Llamas (defendant) first married in an uncertified Mexican ceremony in California, which was later voided because Llamas hadn't yet divorced her previous husband; they then remarried properly with a marriage license. Ramirez, a Mexican immigrant, was originally sponsored for U.S. permanent residency by his mother; after she died, Llamas took over as his immigration sponsor and completed the necessary paperwork. Soon after, Ramirez told Llamas he wanted a divorce because he loved another woman, and filed for divorce. Llamas later learned by overhearing a phone call that Ramirez had been having an affair with her own sister since before their second marriage, and heard him promise the sister they'd be together once he collected his share of Llamas's money and property, admitting he had only married Llamas to secure permanent residency. The trial court voided the second marriage for fraud, based on Ramirez marrying Llamas to gain immigration status while secretly continuing his affair with her sister. Ramirez appealed.
Whether a marriage is voidable and may be deemed a nullity when one party's consent to the marriage was obtained by fraud.