Legal Question in Family Law in California

Marriage/Divorce

It's been five years and 1 month since I've seen my first husband, but I remarried 2 yrs after he ran out on me. My 2nd husband was well aware of my situation and married me despite the fact that I was already married. We have now been separated for 14 months and have 2 children together. During an investigation for child custody, he submitted a statement about my prior marriage stating that he was unaware of it. I was portrayed as a bigamist in the recommendation report given by the investigator. Since it's on record that I am a 'bigamist', I need to take care of the situation and make it so that I'm totally single from BOTH men. I want to divorce my 2nd husband, but don't know if our marriage is voided or voidable. He hasn't petitioned a divorce or nullity since the separation. Also, do I need to file anything to divorce my 1st husband since I haven't seen or heard from him in 5 yrs? Please help.


Asked on 11/08/08, 2:50 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Marriage/Divorce

Your second marriage may be voidable by your second husband, meaning you may not be able to get spousal support from him. The court may find you to be a putative spouse to your second husband which could mean he may be entitled to spousal support from you. Your first marriage is not voidable, but you may qualify for a divorcce "nunc pro tunc", meaning the divorce will be effective before your second marriage.

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Answered on 11/09/08, 4:23 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Marriage/Divorce

This is going to get a little complicated. Although you might qualify for a divorce from your first spouse in a manner that preserves your second marriage, it might be best to simply finish the first divorce, file an annulment on the second one and file a petition to establish paternity on the second marriage for purposes of establish custody, visitation and support of your children. Contact my office we can handle both matters.

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Answered on 11/08/08, 4:28 pm


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