Tucson Urban League CEO/President Finance and Accounting Charles E. Gillman Company Accounting Specialist Administrative & Professional Jorgensen Brooks Group Counselor Sales and Marketing Everready Glass Sales Reps Trades/Construction RANCHO RESORT MAINTANANCE POSITION Mechanical Komatsu Equipment Co Resident Field Mechanic Tucson RegionAppellate court upholds annulmentAiming to get to funds, future husband lied about marital history, finances, transvestism
Capitol Media Services
Tucson, Arizona | Published: 12.25.2007
A woman whose future husband lied about his financial condition and his previous marriages, then didn't keep his promise to stop dressing in women's clothes is entitled to have the marriage annulled, the Arizona Court of Appeals ruled.
In a unanimous decision, the three-judge panel rejected arguments by Ronald Cuthbertson that Karen Adam, a judge pro tem from Pima County, should not have granted his now-ex-wife's petition to annul the six-year marriage. Cuthbertson represented himself.
Annulments are a seldom-used method of undoing marriage in Arizona.
In general, they are used when one party wants a court to rule that, for legal purposes, the marriage did not exist. If nothing else, that eliminates any need to divide up community property accumulated during the marriage.
According to the ruling, Ronald and Kumiko Cuthbertson met on the Internet in 1996 and corresponded extensively before meeting in person the following year.
Kumiko Cuthbertson said she did not speak English and used a dictionary to understand what Ronald was writing. Ronald subsequently moved to Japan, where they lived together for 17 months before marrying there in 1999.
She testified that before they married, Ronald told her "he was about to publish a book or open . . . a business" and would earn more than $1 million.
The couple subsequently moved to Tucson, where they married again about 18 months after the Japanese wedding.
But in June 2005 Kumiko filed a petition to annul the marriage, claiming he had "defrauded her and induced her into marrying him under false pretenses" so she would "fully financially support him."
The trial judge agreed, ruling the marriage was "void at its inception" because Ronald clearly intended to marry Kumiko solely to get access to her "considerable assets."
Ronald appealed, charging that the trial judge acted illegally in "a blatant attempt . . . to deprive (him) of his statutory rights to community property."
And he said Adam did not state a valid reason for declaring the marriage void.
State law spells out that trial courts can annul a marriage "when the cause alleged constitutes an impediment rendering the marriage void."
Appellate Judge John Pelander, writing for the court, said Arizona case law has defined that as "false representations of love and affection . . . coupled with a fraudulent intent to deprive (the other party) of her property."
Here, Pelander said, the record supports the trial court's conclusion that Ronald married Kumiko for her money.
Pelander said that point also is backed by what the trial court found to be Ronald's "pattern of deception," including lying to Kumiko about his business prospects.
He also told Kumiko he had been married just twice before; the actual number was three to four different women, including once to a prostitute.
And Pelander cited Ronald's "continued cross-dressing despite his promise to Kumiko before the marriage to desist."
The appellate court also upheld the trial judge's conclusion that Ronald had used $173,000 of Kumiko's money without her permission.
And it rejected Ronald's contention that he "had the right to use community funds," because no community in fact ever existed because the marriage was void.
|
|