Legal Question in Family Law in California
In December 2004 my daughter married a doctor in a ceremony in Las Vegas, there is a marriage certificate filed there. In 2008 we found out through the internet that he was never divorced from his 1st wife, which we was well aware of. The marriage certificate was never filed in California as he said it was. Only after we found out did he start the proceedings of his divorce.His divorce was final 1/10, my question is, Is my daughter legally married to him? They now have 3 children together, he says they are married because Las Vegas filed the papers in 12/04. I am not so sure.
2 Answers from Attorneys
The facts you lay out in your question are a bit confusing. You say you found out through the internet that he was never divorced from his first wife, but then you say that was something "we was well aware of." So were you well aware of it, or not? You also say "the" marriage certificate was never filed in California as he said it was. Which marriage certificate? His first one or the one from the marriage to your daughter? I could guess at what you mean here, but if I guess wrong, then my advice would be wrong, which would not be good for either of us. Please re-post your question with clear facts.
They are legally married. Your daughter may have the choice to seek an annulment if that is her desire. If she is happy with her current husband, then this issue is moot.
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