Legal Question in Family Law in California
Punitive Spouse
I got married without my first marriage being disolved, because of saftey reasons I was hiding from my first husband. When all was clear my first husband filed for divorce making my second marriage not legal. The lawyer told me at the time I would have to re-marry my second husband. We never did and after 7 years my second marriage has ended and badly. I do not want alimony from him only child support, which he is giving. I heard what my status was that of a punitive spouse and that I do not have to file for divorce since it was never legal. Is this ture? Also if it is how do I get my maiden name back?
1 Answer from Attorneys
Re: Punitive Spouse
A punitive spouse is someone who is not legally married but because of some fraud or mistake thought they were. you dont qualify. you were not legally married and you always knew it so you have no spousal rights. you can get child support.