Legal Question in Family Law in California

Family Law: Invalid Marriage/Divorce

I entered into a marriage in 9/2004 with the understanding that my husband's previous marriage was finalized. We are currently going through our own divorce (filed in 4/08): a child custody/parenting plan/child support order is in effect, but I've just found out that his previous marriage was not finalized.

There are no assets or property to split and minimal debt, which we have separated anyway since separating over one year ago. I had requested spousal support but, willing to forego all that to end this whole ordeal.

I'm pro se (Sub of attorney filed on Fri due to lack of timely payment) and he has an attorney. I was preparing the docs for the Final Judgement request until this news came up.

What implications are there for either of party?

What is the process that occurs next, should I bring this to the attention of the court and his attorney?

Thanks in advance.


Asked on 10/27/08, 5:45 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Family Law: Invalid Marriage/Divorce

Although you're technically not married, the court will assit in resolving the remaining legal issues. You should hire an attorney to help you finish this matter.

Oh one more thing, never hide anything from the Court.

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Answered on 10/27/08, 8:18 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Family Law: Invalid Marriage/Divorce

So long as you were unaware of the invalidity of the marriage, and had a good faith belief you were legally married you will have the same rights as if you were married.

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Answered on 11/02/08, 11:22 pm


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