Legal Question in Family Law in California

Is her marriage legal

A friend of mine is wondering if her mariage is legal and how she would go about getting legal custody of her child. They have been married for two years he is not a legal citizen and is awaiting papers to become a U.S. citizen here in the states, Well now she wants a divorce. But he was was and still is married to somebody in the philipines before they ever got married, and never got a divorce. so she is wondering what kind of battles she is in for..And if her marriage is even real. And the custody thing what might happen to the child.

thanks,


Asked on 10/02/03, 3:55 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Is her marriage legal

If he had a valid marriage in the Philippines, she is not married. However, if she were to marry another and then find out that he did not have a valid marriage in the Philippines, then the marriage that she is in today would be valid, and her new marriage would not be valid. She should file a petitioner for a nullity of marriage and in the alternative for dissolution of the marriage. If a judge says it is a nullity or is dissolved then it is a done deal. She will need to file an action for paternity regardless, and it is just as easy to file for a nullity with the paternity issues involved. As for the Husband, he will probably be deported when they discover that his petition was probably invalid because of his existing marriage in the Philippines. This is a matter she needs to take care of now, it only gets more difficult as time passes. Good Luck, Pat McCrary

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Answered on 10/02/03, 4:52 pm


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