Goodwin-Mitchell v. Mitchell
Annotate this CaseCarolyn helped obtain a green card for her Jamaican first husband. Her second husband, Michael, is also from Jamaica. In January 2015, Carolyn met him online. Michael told Carolyn he wanted to move to the U.S. to live with her, start a restaurant business, and join the Army. In June 2015, Carolyn went to Jamaica and first met Michael. They married during that visit. Carolyn obtained a two-year conditional visa for Michael. In November 2016, Michael flew to the U.S. and moved in with Carolyn. Carolyn claims that Michael immediately began engaging in sexual relationships with other women. Michael insists that he did not have sexual relations with other women during the marriage. Carolyn sought annulment of the marriage on the basis of fraud. The court of appeal reversed a declaration of annulment. Carolyn did not prove the requirements of Family Code section 2210(d), which states: “A marriage is voidable and may be adjudged a nullity if ... the consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterward, and with full knowledge of the facts constituting the fraud, freely cohabited with the other" as his spouse. Carolyn continued to cohabit with and have sexual relations with Michael for eight months after discovering his infidelity.
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