Legal Question in Family Law in California
on april 25, 2011 my judgement for divorce was entered in the state of california. i couldn't marry again in california until september 5, 2011. but on june 28, 2011 I married in nevada because they had a 90 day waiting period from when judgment for divorce was entered. is my current marriage legal? My current husband is working in Texas and has been having an affair the last 2 weeks and the woman is harassing me saying my marriage isn't legal and now he says the same thing although family court in orange says it is. Are me and current husband married or not and my ex husband remarried October 1, 2011. Help please because he's trying to take my car and stuff cuz my name isn't on it even though I traded my car in for this one and I am disabled and I keep trying to convince him he's committing adultery and that I can get alimony plus they are (especially her) causing me great mental anguish by sending me naked pics of them in bed kissing and calling me deaf dumb bitch (I am hearing impaired due to domestic violence from ex husband)
2 Answers from Attorneys
I don't know why people don't understand this. Polygamy is illegal in all 50 states and all U.S. territories. Polygamy means being married to more than one person at the same time.
You're divorced in California when a judge signs a judgment of dissolution. If the judgment specifically states that your marital status terminates at a later date, then your marriage is not terminated until that later date. If it is a nunc pro tunc, it means it is entered now, for an earlier time.
You cannot get married again legally in any other state, until your other marriage is first legally terminated. You need to look at the judgment carefully. If it terminated on April 25, 2011, your second marriage is valid. If the date of termination did not take effect until September 5, 2011, then your second marriage is null on the grounds of bigamy.
I suggest you take your paperwork to a family law attorney and have it reviewed. Most attorneys will give you a price break for the first hour or the first half an hour. Organize yourself and have all your documentation in order. Go see a family law attorney and don't waste time. Show them the paperwork and get an idea of what your situation involves.
Furthermore, by your question I can not tell if your living in California or not. California is a no-fault divorce state. Spousal support is not awarded on the concept of fault such as having an affair. However, in short term marriages, spousal support can be awarded and it is generally for half the duration of the marriage. You need to go talk to an attorney. Stop wasting time searching for answers on the internet and get your self to an attorney.
Good luck
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