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Thread: ANNULMENT DUE TO FRAUD ...HOW AND HOW HARD

  1. #11
    Another ****ster bites the dust

  2. #12
    HERE IS A COPY OF ONE PART OF MY PLEADINGS I FILED THIS MORNING AS PART OF MY PETITION FOR ANNULMENT ..THX FOR ALL OF THE GREAT ADVICE...has anyone been successful suing for the emotyional damages after the fact and/or breqch of contract ?? i didn't go into the minute detail of every instance of fraudulent actions by Ms. Vetch (not her real name ..lol) but the supplemental filings I will be making will show the enbezzelment of 1000's of dollars etc

    IN THE CIRCUIT COURT FOR THE STATE OF OREGON
    COUNTY OF ______

    In re the Marriage of:
    DOUGLAS FIRTREE,
    Petitioner,
    and
    COMMON VETCH,
    Respondent )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    ) Case No.:

    AFFIDAVIT OF PETITIONER IN SUPPORT OF PETITION FOR MARITAL ANNULMENT – FRAUD, OR IN THE ALTERNATIVE FOR JUDGMENT OF DISSOLUTION OF MARRIAGE

    ORS 107.015, ORS 106.030

    COMES NOW the petitioner Douglas Firtree who certifies and swears as follows: I am hereby petitioning this court for an order annulling the marriage between the parties entered into on August 21, 2001 on the basis that the marriage was a direct result of a fraud undertaken and carried out by the Respondent upon the Petitioner, rendering the marriage null and void or void able. This motion is based upon ORS 107.005 and ORS 106.030 and on this affidavit.
    1.
    JURISDICTION AND VENUE
    Jurisdiction is proper in this court because both parties have resided in _____ County since February of 2002 venue is proper in the ____ County Circuit Court family division because both parties live and work in ____ County and have lived in _____ County for the past nearly 4 years

    2.
    PARTIES
    The petitioner Douglas Firtree is now in at all times relevant (August 31 through present) an individual and a citizen of the United States of America and the state of Oregon. The respondent, Common Vetch, is a citizen of the Russian federation and has lived in the state of Oregon since approximately June of 2001. The parties were married on August 31, 2001 in the city of ______ in the county of clients up in the state of Oregon. There are no allegations of spousal abuse and there are no children of this union.
    3.
    STATEMENT OF FACTS
    The parties were married on August 31, 2001 at the end of the respondents 90 fiancΓ© visa issued under I -- 120 nine half of the Federal immigration code. In the application the parties stated that they were entering into a valid and legal marriage that was not fraudulent in any way with the intent upon being married until death they do part. Chapter 106 of the Oregon revised statutes reads as follows:
    CHAPTER 106-MARRIAGE
    Statute: ORS 106.030: Void able Marriages Text:
    when either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time is so declared by judgment of a court having jurisdiction thereof

    CHAPTER 107- DISSOLUTION AND ANNULMENT AND SEPARATION
    Statute: ORS 107.015: Grounds for Annulment or Dissolution of Marriage Text:
    A judgment for the annulment or dissolution of a marriage may be rendered for the following causes:
    1) When either party to the marriage was incapable of making such contract or consenting thereto for want of legal age or sufficient understanding
    2) When the consent of either party was obtained by force or fraud provided that in the situations described in subsection 1 or two of this section the contract was not afterward ratified.



    4.

    THE FRAUD
    The respondent entered the United States in June of 2001 from the time of respondent's entry into the US until the marriage in August and extending until approximately November 10, 2001 when the petitioner lost his job respondent did a good job of playing the part of the "good wife". It wasn't until the petitioner was unemployed for all of two weeks that the respondent became extremely demanding and abusive towards the petitioner as well as the petitioners minor children. During the period of unemployment the only thing on the respondents mind was moving to Portland and joining up with other Russians who had similarly emigrated some legally and some he legally. Over the course of the next two to three years all marital relations that one would customarily enjoy and take for granted in a marriage were discontinued at the behest of the respondent who claimed that she had suddenly "lost all interest entirely in having any *** or relations whatsoever" respondent spent little if any waking moments at home during this time choosing instead to spend all free time with repressed Russian girlfriends and in obtaining her degree at _________ which she received in the summer of 2005 and from which she was able to graduate 100% debt free to do the petitioner paying for all for expenses if the exception of a small scholarship she received his prior to her final year. Her best friend Ill-Rena had similarly married an American man, a doctor, who paid for her entire law school education from _________and from which she also graduated debt-free thanks to her husband paying the entire bill. Just prior to her graduation from law school the same best friend of the Respondents began to store household items of furniture at our house when asked why it was explained to me that she was accumulating some household possessions in anticipation of her graduation from law school, after which she planned on immediately leaving her husband as she had "no more use for him". She was true to her word, and subsequently within weeks of graduating from law school she rented her own apartment, told her husband she wasn't happy, moved while he was gone, filed for divorce, and within a month had moved her boyfriend into her apartment with her. A third Russian girlfriend of theirs named "Nadieschde" also married to an older American man and upon her arrival immediately began sleeping with other men. When she was in imminent danger of being divorced herself for her infidelities she filed a false allegation of spousal abuse with the Multnomah County Sheriff's office and the Portland Police Department, had him evicted from his home and arrested and filed immediately for asylum under an obscure law that immediately grants resident status to victims of spousal abuse, sullying and besmirching the good name of the soon-to-be ex-husband. While he was being illegally detained by authorities and being denied his freedom due to the false police report of his "Russian Bride" she used that opportunity to further deprive him of some of his personal property. The source of all of the immigration legal advice and "how to's" on circumventing U.S. immigration laws, as well as providing step-by-step instructions on how to essentially see that the fraud they committed at marriage successfully culminates with the "newly divorced" wife getting all of the benefits of the sham marriage and leaving used, ruined, broke and slandered men in their wakes. This Internet site is set up for the exclusive purpose of providing this type of information to other Russian women, and is called "Russian Women Abroad" the respondent spent hour's on most days reading from and interacting with legal advisers and other Russian women in ongoing criminal enterprise established to circumvent and frustrate U.S. Immigration laws and which would easily qualify for special criminal RICO treatment under federal criminal laws
    ///
    5.
    There are many more instances of this fraud being committed by the respondents other close friends establishing that she sought out these people for their support and advice. In fact out of all of the respondents Russians friends I cannot name one who did not commit similar fraudulent acts as are being charged by the Petitioner in this case. Also upon her arrival of the respondent insisted that the petitioner do everything in his power to help us her establish credit only in her name, she refused to buy a house with the petitioner it would make it more difficult when it came time for divorce in. The respondents fraudulent scheme which she has recently carried out was to wait until she had been in the United States and married for the minimum of three years or until such time as she was finished with her degree and the petitioner was finished paying for her it the latter of which occurred last summer however it was only 2 ½-3 months afterwards, which coincided perfectly with the end of her probationary period at Nike the respondent just like her friends and just as instructed on her Russian women's forum announced to the petitioner that she was no longer happy and wished to divorce and move that was on December 17, 2005. Further the respondents credit report shows by the inquiries from property management companies that she was actively looking for and contemplating another place to live far be it for that during the marriage the respondent did work a part-time job or two but the money she earned was never put into the household in any way and she secreted this money along with any other money she could get her hands on in separate and secret accounts of various banks all over the Portland area by last count the petitioner has counted and verified that the respondent has established three to four active checking accounts at three to four different banks and at least three credit unions. She insisted that the parties on nothing jointly and putting her insistence that she get her own car a nearly new BMW and
    6.
    There is case law says that "to constitute a valid marriage the parties must enter into a mutual agreement or consent to the marriage relation as contemplated by law" The Respondent breached this contract between us and defaulted on our marriage agreement 2-3 years ago. She has told me that she had "used me from the start" when she met me in Russia and that she has "never had any genuine feelings for me or my family" and "what did I expect?"
    7.
    These pleadings will be augmented significantly with exhibits and legal briefs walking the court through the constant pressure cooker she turned our house into and how during 5 years of marriage I have never seen her clean a bathroom or run the vacuum even one time.
    8.
    This type of fraud combined with a great acting job and perhaps an over ripe male ego at the time and the Respondents false professions of love and fidelity and forever were not heartfelt in the least. She has told me that she knew when she was going to get divorced before she even knew who she was going to get divorced from.
    9.
    "Fraud" is defined as "The intentional and successful employment of cunning, deception, collusion; or artifice used to cheat or deceive another person whereby that person acts upon it to the loss of his property and to his legal injury"1 and "A deception, intended to wrongfully obtain money or property from the reliance of another on the deceptive statements or acts, believing them to be true."2 These definitions seem to fit the Fraud contemplated by the statute and also the conduct and results obtained by the Respondent.
    10.
    I discovered this fraud back in December 2005 and the Respondent moved out the next day. The Respondent and I have not "ratified the contract" or co-habitated since that time. And are therefore candidates for an annulment and
    11.
    I am requesting of this court the opportunity to prove the allegations I am making and requesting that once the court is convinced of the fraud that has been perpetrated in this case and the fraud that is being perpetrated all around us by other Russian women that the court will annul this fraudulent marriage and send a message to the girls of the Russian Federation that they will no longer be able to prey on innocent good hearted men in -------County of the State of Oregon ever again because when they do they get sent back home.

    I am petitioning this court for a judgment of annulment of this marriage or in the alternate for a judgment of dissolution of this marriage as outlined in the Petition for Dissolution filed herewith.
    Dated this _____ day of ________ 2006

    _____________________________


    1. www.utcourts.gov/resources/glossary.htm
    2. www.titleguarantynm.com/terms_f.asp
    BECAUSE EL REY SAYS SO

  3. #13
    ........"I had my 4 year trial and now I want my money back"

    ****ster is a destiny.

  4. #14
    El Ray,
    Nothing in paragraph 4, entitled Fraud, can be proven on circumstantial evidence. More than likely, a first year law student could defend your estranged wife by counterfiling a "No Fault" divorece petition and the judge will probably agree. The best thing for you to do is to let it go, move on, and spend as little time and money on the divorce. Otherwise, you will prove her legal filings of irreconcilable differences between the two parties.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  5. #15
    I don't agree with Hudson's advice to let go and move on. Clearly, he hasn't been deceived.

    Although your vows in marriage may indeed have been "until death do us part" that is not a legally binding statement. The Courts have acknowledged that parties may choose to end the union. Hwoever, if you wish for your annulment claim to be heard, you're going to have to prove to the Court that your wife, when entering the marriage, withheld vital information from you, upon which you relied to your detriment, and armed with knowledge of that information, you would not have married in the first place. The voidable nature of a marriage and the fraud go hand in hand, in my opinion.

    However, Hudson has a point on the fraud allegation. In order to make the fraud stick one must demonstrate that all of the following elements exist:

    an individual intentionally makes an untrue representation about an important fact or event

    the untrue representation is believed by the victim;

    the victim relies upon and acts upon the untrue representation;

    the victim suffers loss of money and/or property as a result of relying upon and acting upon the untrue representation.

    Keep your Statement of Facts, concise and chronological. A brief synopsis of the years of marriage and the events that took place. If you wish to characterise your wife as being akin to others, make sure that the actions of the others don't make hers pale by comparison. Your brief appears to do that in my opinion. It would be better to find some case law of annulments to cite, where your wife demonstrates the same planned and contrived steps to achieve her goal. (Her friends actions have not been tried) Make footnotes pointing to or leave the legal Standard of Review until the end to reiterate and reinforce your request of the Court.

    You might wish to look over the five crucial elements of fraud and fashion your argument to prove them.

    Also, I'd recommend you be more factual and less opinionated. Generalisms such as "the fraud that is being perpetrated all around us by other Russian women" doesn't have a place in your pleading.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #16
    Sappy,
    El Rey has no basis, ie no concrete evidence, for annulment based on fraud or force, even with the qualifations you presented. In fact, he, and you, are making a couple of common mistakes regarding divorce. First and foremost, the State of Oregon, and most other states, do not punish their wives on past or present bad behavior. Normally, courts usually view divorce as an economic arrangement. Additionally, I could not find any case law regarding fraud based on some future intent, but based primarily on medical or criminal history. Second, I do not think he will get his day in court, which is why he used some self help software to write the petition.

    But if you insist, let us look at his argument:
    1. "respondent did a good job of playing the part of the 'good wife.'" WTF does this mean. He gives evidence he lost his job and then cites this.
    2. "that the respondent became extremely demanding and abusive towards the petitioner as well as the petitioners minor children." Again, gives a gross generalization but offers no statement of fact such as date, time, place, and to what extent, the emotional and verbal abuse ocurred.
    3. "the only thing on the respondents mind was moving to Portland and joining up with other Russians who had similarly emigrated some legally and some he legally." Again, she was in school, and petitioner offers no supportive evidence.
    4. "respondent spent little if any waking moments at home during this time choosing instead to spend all free time with repressed Russian girlfriends and in obtaining her degree at _________" Wife was in school and spent her time trying to get the degree. I suspect the petitioner is using the school more as an excuse to file, but it is not exactly supportive evidence.
    5. ". Her best friend Ill-Rena had similarly married an American man, a doctor, who paid for her entire law school education from _________and from which she also graduated debt-free thanks to her husband paying the entire bill. Just prior to her graduation from law school the same best friend of the Respondents began to store household items of furniture at our house when asked why it was explained to me that she was accumulating some household possessions in anticipation of her graduation from law school, after which she planned on immediately leaving her husband as she had "no more use for him". She was true to her word, and subsequently within weeks of graduating from law school she rented her own apartment, told her husband she wasn't happy, moved while he was gone, filed for divorce, and within a month had moved her boyfriend into her apartment with her. A third Russian girlfriend of theirs named "Nadieschde" also married to an older American man and upon her arrival immediately began sleeping with other men. When she was in imminent danger of being divorced herself for her infidelities she filed a false allegation of spousal abuse with the Multnomah County Sheriff's office and the Portland Police Department, had him evicted from his home and arrested and filed immediately for asylum under an obscure law that immediately grants resident status to victims of spousal abuse, sullying and besmirching the good name of the soon-to-be ex-husband. While he was being illegally detained by authorities and being denied his freedom due to the false police report of his "Russian Bride" she used that opportunity to further deprive him of some of his personal property. The source of all of the immigration legal advice and "how to's" on circumventing U.S. immigration laws," He cites three example of which Russian women divorced American men. He even used "fasle police reports" but does not cite what was false in those reports. This marks something of a desparation by the petitioner, not a factual representation.
    6. "This Internet site is set up for the exclusive purpose of providing this type of information to other Russian women, and is called "Russian Women Abroad" the respondent spent hour's on most days reading from and interacting with legal advisers and other Russian women in ongoing criminal enterprise established to circumvent and frustrate U.S. Immigration laws and which would easily qualify for special criminal RICO treatment under federal criminal laws." Now he is using an internet site, primarily a date service for Russian Women abroad, as his main source for fraud. I visited the web site and see no evidence of the contrary. I do see if a wife feels trapped, why a Russian girl falls for bad guys, and evne legal help, divorce and immigration. But nothing to indicate fraudulent activity. Additionally, he is now involving a web site, with probably a great defense team, that will not be naive enough to believe any of the petitioner's allegations.
    7. "There are many more instances of this fraud being committed by the respondents other close friends establishing that she sought out these people for their support and advice. In fact out of all of the respondents Russians friends I cannot name one who did not commit similar fraudulent acts as are being charged by the Petitioner in this case." This is strictly opinion and has no legal basis in divorce or annulment proceedings.
    8. "Also upon her arrival of the respondent insisted that the petitioner do everything in his power to help us her establish credit only in her name,...." This may be relevant, but there are also so many reasonable explanations that would hurt the petitioner's argument.
    9."used me from the start" Petitioner cites something from the respondent, but again, gives no date, time, place or to what extent the conversation took place. For all we know, it could have been in a heated argument, which is rarely taken seriously in divorce court.
    10. "This type of fraud combined with a great acting job and perhaps an over ripe male ego at the time and the Respondents false professions of love and fidelity and forever were not heartfelt in the least. She has told me that she knew when she was going to get divorced before she even knew who she was going to get divorced from." Again, cites a general emotion but no supportive evidence.


    Based on what he filed, there is no way a family law judge would grant this unless the respondent does not reply to the summons. It was also obvsious that for 3 years, the petitioner had no job, was on unemployment, and probably very demanding as a husband. Oregon courts will cide to validate the marriage and not invalidate the marriage if no evidence is presented. The wife can file a no fault divorce and the judge will probably agree, insomuch, that the divorce is not too one sided. It is obvious the guy was hurt by her leaving, but his petition would be better suited for a soap opera than reality. Nevertheless, he should allow the divorce to go through and maybe get some alimony for a short period of time, since she has the better paying job, but I doubt it.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  7. #17
    I'll agree for the most part. El Rey needs to cite with particularity in order to present his claim and as it stands right now, it lacks facts to do so. However, that does not mean that facts do not exist.

    Essentially, an expression of an opinion is not a representation upon which a fraud claim can be based. Whether it is an expression of opinion or an actionable statement of fact depends on particular circumstances. For example, an opinion made in bad faith by someone who has a design to mislead or deceive, is actionable.

    The mere fact that statements relate to the future doesn't preclude liability for fraud if the following elements can be demonstrated:
    1. the statements were intended to be fact,
    2. the statements were accepted as fact
    and involved matters strictly related to the knowledge of the individual that offered them.

    An unfulfilled promise to perform in the future is actionable in fraud if there is evidence that the promise was made with a present undisclosed intent not to perform. Evidence of conduct and circumstances can support an inference that a defendant intended to do something at the time the representations to the contrary were made for the purpose of gaining advantage over the plaintiff.

    Intent is a mental disposition and is determined not so much by what is said but by what is done. Consequently, direct proof of fraud is not required, and fraud may be proven by inference from facts and circumstances. When pleading fraudulent intent can be established by actions and inferences arising from statements made.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #18
    Why are you doing this pro se? Spend a little and get a lawyer; time is on your side but you are wasting it doing it on your own; get a lawyer TODAY -= But you are definitely on the right track; don't listen to these fraudsters - Guess what 99 % of the time prople do not respond to summons and you will win by default

  9. #19
    The mere fact that statements relate to the future doesn't preclude liability for fraud if the following elements can be demonstrated:
    1. the statements were intended to be fact,
    2. the statements were accepted as fact
    and involved matters strictly related to the knowledge of the individual that offered them.
    Sappy,
    The biggest problem is how to prove the statements as facts. You basically have a he said/she said argument , no pun intended. The court will not grant annulmnet unless through summary judgement. Summary judgement can only happen if the wife does not come to the hearing and the judge agrees with the opinionated facts. However, the judge may still deny annulment and may grant either seperation or dissolution of marriage through fault, if the judge has any doubts to the statements (which usually happens). The main reason, Oregon is a no fault state and judges generally will cide on keeping the marriage valid.

    Take a look at what he cited when he filed the petition. He cites no specifics, but only gross generalizations while involving multiple parties, including a dating service, to help his claim for fraud. Even when he does quote his wife, presumably in an argument, he does not give speicifics. Essentially, you have inuendo and generalizations based upon the preponderance of the evidence, but no facts. Finally, he has already filed his petition; therefore, his opinions have become facts on record. He may ammend his petition on a subsequent filing or he may remove his petition and wait the required time to resubmit, if he wants to either change, add, or enhance his argument.

    Now, let us take a look at the wife. When she gets the summons, she will contact her employer, who probably has a legal service. They in turn will counter with a no fault dissolution of marriage. As long as the petition is equitable. That is, the petition will not seek custody of his children through another relationship and probably give him some alimony or spousal support since he has no job and she does. More than likely, El Rey will not seek mediation and will probably want "his day in court" so that he thinks he can win. However, he will not based on what he has filed so far. The judge will cide on the wife, not the husband. Reason: without any direct preponderance of evidence, the judge will grant no fault and not annulment.

    The lesson, because Oregon is a no fault state, the laws make it much easier to grant no fault than to grant annulment. The only he will lose is his pride on not getting his way and whatever court costs he has incurred. Furthermore, from what he filed, I can reseaonably conclude he used some self help software to write the petition. No competent family law attorney would have filed such dribble. He has no case and should move on.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  10. #20
    Sappy,
    Personally, he is what I think happened. She married him for the wrong reasons. It was not to get GC benefits, but I think she wanted her spouse to something that he really is not. When her spouse lost his job, he basically had her to become a crutch. She could have gotten this in Russia, but did not want this type of relationship. For him, he probably wanted the traditional wife, at first. After he lost his job (and consequently was unemployed for more than 3 years) and she got a better job, he wanted to use her to get things that he could not get, ie house, better car, better credit, a perfect picture family. And if you look at the time line, I bet he had a service industry job or something low tech, not anything with middle income (they were living in an apt presumably) to maybe prove this point. And when she got tired of it, she left. She went to people who are from the same country as she and maybe had similar experiences. Now he is upset, understandably so, but his pride is giving him into delusions of grandeur and possibly cannot accept the fact that she left.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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