Legal Question in Family Law in California

My husband and I got married about 5 years ago and recently we just found out that the divorce he had wasn't finalize from his previous marriage. My husband's son is on my medical and to put him on we would have to be legally married which I thought we were. So while he is trying to get the divorce matter resolved, should I get an annulment and then go file for domestic partner or just go file as domestic partner??


Asked on 8/30/10, 10:24 am

3 Answers from Attorneys

Since you are not a same-sex couple you do not qualify to file as domestic partners unless you are senior citizens (I forget the age, but it's something like one of you has to be 62 and a half). You are in a pretty odd situation, with the insurance. Particularly since most insurance companies don't cover step-children unless they are adopted anyway. If it weren't for the potential life and death consequences if something serious should happen medically, I would recommend just getting the marriage issue fixed and not making an issue of it. The trouble is, if the boy needs care and the insurance company starts looking into it, they could potentially pull coverage. I recommend that you sit down with an attorney face to face with all your husband's divorce paperwork and all your information and forms from HR pertaining to your insurance. Without all the particulars available it is really hard to formulate a plan, particularly without knowing why the huband's divorce wasn't final when he thought it was. In the meantime, if the husband has separate coverage you need to add the boy to his. If he doesn't, then I HIGHLY recommend getting on eHealthInsurance.com or someplace like that and getting them private coverage in case the boy gets hit by a car or the husband has a heart attack or something that could devistate you if your insurance isn't valid for them.

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Answered on 9/04/10, 11:28 am
Anthony Roach Law Office of Anthony A. Roach

Why would you want to get an annulment? If his divorce was not final, clear that up and get remarried. You can even make it a romantic thing.

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Answered on 9/04/10, 4:18 pm
Gary R. White Burton & White

It may be possible to go back in your husband's dissolution case and have a Judgment of dissolution entered effective prior to your marriage which could "validate" your marriage. Consult an attorney.

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Answered on 9/07/10, 10:10 am


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