Legal Question in Family Law in California

My husband is divorsing me and wants me agree that we have been married for only

I was in Peru when I met X,a Californian American resident. With time he proposed matrimony and asked me to move with him to the USA. He brought me to Hilo Hawaii and left me here pregnant and I didn't hear from him for a long time. I found out he is a polygamist, I had a miscarriage. At a mediation meeting he agreed to divorce me and wrote a $20,000 check to help me pay for the medical debts I had incurred. But the very next day he flew back to California and cancelled payment on the check. I received divorced papers from him stating that I have to agree that I was married for only one month and that I have to respond within one month or his version of the divorce is final. Is it true that in the court house of Toulome, California the law allows for the person that applies for divorce to give only a month to respond? Since he is a travel agent he can leave to Africa for a month. Don't I have to sign the divorce papers as an agreement to what he states, and then, and only then is the divorce final? And finally, am I entitled to any financial aid from him for my debts?

Sincerely.


Asked on 9/22/03, 9:02 pm

3 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: My husband is divorsing me and wants me agree that we have been married for

You need to retain an attorney. You may be placed in a position you do not want if you do not act. Proper representation will help you get what you deserve and have a right to. Based on this guy's behavior, the court will likely work with you if proper action is taken. Don Holben 800-685-6950

Read more
Answered on 9/23/03, 11:46 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: My husband is divorsing me and wants me agree that we have been married for

your facts are a bit on the complicated side for the post you left here. my law firm may be able to assist you further with your inquiries once we get more background information from you. so, if you would like a free consultation over the phone regarding your questions, feel free to email directly with your information.

Read more
Answered on 9/22/03, 9:30 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: My husband is divorsing me and wants me agree that we have been married for

You said he was a polygamist, but you didn't say whether he was already married when he married you. You also didn't say where you married him. Unless it was Peru, and only if Peruvian law recognizes a marriage where one party is already married, I would say you were never married at all, so the California divorce means nothing, nor does any Hawaii divorce. If you don't answer within the 30 days in California, it may mean you are in default and a "divorce" decree may issue, but that is all, and such a decree is essentially meaningless because you were never married to begin with (assuming he was already married). What you may really have here is a lawsuit against him for fraud. Consult an attorney there in Hilo to explore the possibilities for suing him on fraud grounds. You may have immigration worries here, if your entry into the U.S. was based on a false wife of US citizen status. Make sure the attorney you consult knows something about immigration law.

Read more
Answered on 9/24/03, 4:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California