‘Til Truth Do Us Part
A country singer and a movie
star walk into a courtroom...
Like most Americans, I was shocked and saddened to view the news
reports of the worst disaster in this nation’s history.
Of course, I’m referring to the breakup of Renee Zellweger
and Kenny Chesney.
As you know, on September 14th, actress Renee Zellweger filed
for an annulment of her four-month marriage to country singer
husband. Like you, I was absolutely shocked that a celebrity marriage
had failed, since they usually work so well. However, I was even
more shocked that Zellweger was attempting to go the annulment
route. After all, while divorces are about as common as, say weddings,
annulments are hard to come by. While the end result is typically
the same, an annulment is quite different from a divorce.
A divorce is the legal termination of a marriage. On the other
hand, an annulment is a legal determination that a valid marriage
never took place in the first place. As a result, neither party
is entitled to receive alimony, continuing spousal support, or
their own reality show on Bravo. To prevent every disgruntled
married couple from trying to obtain a marital mulligan, the law
makes it very difficult to obtain an annulment. In California,
you can obtain an annulment if, for example, you can prove that
you were too drunk, stoned, or stupid to know better. Of course,
as a celebrity, Zellweger probably could have chosen any of the
above.
However, she chose an alternative out – the fraudulent
marriage exception. In California, if you were duped into marrying
the other person by fraudulent means, you can have your marriage
annulled. Unfortunately, neither Zellweger nor her publicists
are saying exactly how she was duped. Yet, as a lawyer, I must
warn them that it better be good. Run-of-the-mill pre-marriage
fraud is not enough to qualify for an annulment. The law recognizes
that lies are as much a part of courtship as flowers, candy, and
not shouting another lover’s name during sex. The sad truth
is that almost everyone lies to their future spouse. In fact,
we
have a special term for the people who don’t lie –
“lonely.”
Let’s face it. No one gets what they expected out of marriage.
For instance, many women expected to marry a sensitive and caring
man who would serve them candlelight dinners and take them for
nightly walks on the beach (despite the fact that they live 200
miles from the nearest body of water). They were sadly disappointed
when they got a husband whose idea of romance was agreeing to
take his shoes off during sex (but keeping his pants on).
Likewise, most men expected to marry a woman who would stay within,
say, 100 pounds of her pre-marital weight. They may have even
also expected a hot meal or two between sightings of Haley’s
Comet. As it turns out, they would be more realistic to expect
a visit from Santa Claus every December. And as it turns out,
it certainly would be cheaper to feed his eight reindeer.
Seriously, the law simply can’t allow everyone who feels
cheated (i.e., everyone who is married) to get a marital “do
over.” Nor can the law allow a special exemption for Ms.
Zellweger simply because she’s a celebrity. She may be rich
and famous, but she has made her bed, and like the rest of us,
she must tell lies in it.
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