Will Ms Hoffman be able to receive an annulment be granted on the basis of fraud and presence of an ulterior motive? Does Ms Hoffman’s large amount of traveling time influence the lack of response to Brian’s downward spiral?
SHORT ANSWER
Ms Hoffman will not be able to receive an annulment because the existence of an ulterior motive was present for an extended period of time before she ceased to cohabit with Brian. Although an ulterior motive was present, its existence was clearly perceivable up to three months before Ms Hoffman confronted Brian for the last time. Evidence suggesting misrepresentation on Brian’s part was clearly present beginning in January, but Ms Hoffman neglected to take any action and continued to freely cohabit with Brian until March. Ms Hoffman’s job required her to travel less than half of the month, allowing her plenty of time to spend time with and be suspicious of her husband, who carried out his drunken behaviour constantly during the back half of their marriage.
STATEMENT OF FACTS Ms Hoffman is a successful makeup artist for Clinelle. She …show more content…
Before marriage, the couple was intimate a few times, but after marriage, Mr Hoffman made excuses constantly. He claimed that he wanted intimacy, but no intimacy happened. After his drinking problem worsened, he was physically incapable of almost everything, including intimacy.
After this conversation, Ms Hoffman immediately confronted Mr Hoffman. He admitted to everything. She threatened to divorce him if he did not go to rehab, to which he responded that he would not go to rehab. Still believing that he wanted to have children, she reminded him of his desire to be a father. He said that he never wanted to ever have children. As soon as this admission was made, Ms Hoffman ceased to willingly cohabitate with Mr Hoffman and kicked him out of her condo. Currently, Mr Hoffman is couchsurfing without a home.
SHORT ANSWER
Ms Hoffman will not be able to receive an annulment because the existence of an ulterior motive was present for an extended period of time before she ceased to cohabit with Brian. Although an ulterior motive was present, its existence was clearly perceivable up to three months before Ms Hoffman confronted Brian for the last time. Evidence suggesting misrepresentation on Brian’s part was clearly present beginning in January, but Ms Hoffman neglected to take any action and continued to freely cohabit with Brian until March. Ms Hoffman’s job required her to travel less than half of the month, allowing her plenty of time to spend time with and be suspicious of her husband, who carried out his drunken behaviour constantly during the back half of their marriage.
STATEMENT OF FACTS Ms Hoffman is a successful makeup artist for Clinelle. She …show more content…
Before marriage, the couple was intimate a few times, but after marriage, Mr Hoffman made excuses constantly. He claimed that he wanted intimacy, but no intimacy happened. After his drinking problem worsened, he was physically incapable of almost everything, including intimacy.
After this conversation, Ms Hoffman immediately confronted Mr Hoffman. He admitted to everything. She threatened to divorce him if he did not go to rehab, to which he responded that he would not go to rehab. Still believing that he wanted to have children, she reminded him of his desire to be a father. He said that he never wanted to ever have children. As soon as this admission was made, Ms Hoffman ceased to willingly cohabitate with Mr Hoffman and kicked him out of her condo. Currently, Mr Hoffman is couchsurfing without a home.