Sallysue married Billybob the month after he graduated from high school and she was still 16 and in tenth grade. They forged Sallysue's mother's consent on the applicable consent form. They lived together for four years and when Sallysue got pregnant, Billybob told her to get an abortion because he didn't want to be "saddled with a bunch of screaming kids" although before they married he always
claimed he wanted to have children just as she did. Sallysue refused to abort the baby and decided she would seek an annulment. On what grounds would Sallysue base her claim for annulment? What defenses is Billybob likely to raise?
What will be an ideal response?
The student should note that both the grounds and procedure for obtaining an annulment vary from state to state. Sallysue would likely base her claim on fraud grounds. Billybob never intended to have children but told her that he did want to. She relied on his statements when she married him. His fraud goes to an "essential of the marriage" i.e. childbearing. The student should reflect an understanding of the elements of fraud summarized in Paralegal Application 4.1 on page 118 of the text. Billybob may raise the defenses of consummation of the marriage, ratification, laches, and unclean hands.
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