Legal Question in Family Law in California

Divorced / Putative?

After my ex filed for divorce (but lives with me) can he file as putative spouse?


Asked on 4/25/07, 12:23 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorced / Putative?

I am not sure I understand your question, but will provide some information regarding putative spouse. A putative spouse is a person whose marriage is void for some reason. The person claiming putative spouse status must have a good faith belief that they are legally married. Once that person learns that they are not married they should no longer qualify as a putative spouse. Filing for divorce would not automatically terminate the marriage. He could still be your spouse, but would not be your putative spouse.

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Answered on 5/05/07, 11:25 pm


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