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Janda v. Janda

984 So. 2d 434 (2007)

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Janda v. Janda

Alabama Court of Civil Appeals
984 So. 2d 434 (2007)

  • Written by Liz Nakamura, JD

Facts

Antoinette Walters Janda (plaintiff) and Jiri Janda (defendant) were married in June 2007 after a short courtship. As a result of the marriage, Jiri, a citizen of the Czech Republic, was able to obtain a green card as a permanent resident alien. The Jandas cohabitated in Antoinette’s home after the marriage but did not share a bedroom and never engaged in sexual relations. Initially, Antoinette believed cultural differences or Jiri’s claimed dislike of her current weight was the cause. However, after 20 months of marriage, Antoinette realized that Jiri married her without any intention of engaging in sexual relations. Antoinette filed a petition for annulment in February 2007, and Jiri counterclaimed for divorce, stating he would be deported if the marriage were annulled. The trial court entered an order annulling the marriage after a hearing, reasoning that the parties had never consummated the marriage and had acted more like roommates than a married couple. Jiri appealed.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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