Janda v. Janda

984 So.2d 434 (2007)

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Nature of the Case

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Facts

Antoinette (W) filed a petition for an annulment of her marriage to H. W asserted that H a native of the Czech Republic, had fraudulently induced her to marry him; that, at the time of the marriage, H had no intention of honoring his marital obligations; and that H had married her only so that he could obtain a 'green card,' which would permit him to remain in the United States. H counterclaimed for a divorce. H refused to have sex with W. W testified that, after 20 months of marriage, she realized that H had married her never intending to engage in marital intercourse with her. If the marriage were annulled, H would be forced to give up his green card and be deported. H testified that he was upset with her weight and had maintained his own bedroom because W was 'messy' while he was tidy. H also complained that W at times would mistakenly call him by her son's name. The trial court entered an order annulling the marriage on May 8, 2007, specifically finding that the parties had not consummated the marriage and had not acted as a married couple, but had acted more as roommates, during their marriage. H appealed.