Tobon v. Sanchez

213 N.J. Super. 472 (1986)

517 A.2d 885

MELIDA TOBON, FALSELY KNOWN AS ELIDA SANCHEZ, PLAINTIFF,

v.

GUILLERMO SANCHEZ, DEFENDANT.

Superior Court of New Jersey, Chancery Division Union County, Family Part.

Decided March 11, 1986.

Joseph Taboada for plaintiff.

Defendant defaulted.

WECKER, J.S.C.

The plaintiff's complaint for annulment of this marriage is dismissed. Plaintiff has failed to prove, by clear and convincing evidence, that there was "fraud as to the essentials of the marriage." N.J.S.A. 2A:34-1d. See Bilowit v. Dolitsky, 124 N.J. Super. 101, 105 (Ch.Div. 1973) ("the fraud alleged must be…