Legal Question in Family Law in California
The ex filed a 473 motion to set aside a nullity based on the fact she did not have a lawyer at the nullity hearing where she confessed she knew she was a bigamist.!Both sides were pro per. Is it possible for it to be set aside as she wants to claim putative spouse? There is no new evidence. Thank you
2 Answers from Attorneys
If she is now represented by an attorney, it is possible that a Judge would set aside the Judgment of Nullity. At minimum, you need to consult in person with an attorney to determine your best course of action.
It depends on the amount of time that has passed, and why she did not have an attorney. Not having an attorney for a hearing is not a ground for setting aside a court's ruling on its own, otherwise nothing would get decided and parties that were resistant to move forward could play games with the court. What is significant is the reason that she did not have an attorney.
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