Legal Question in Family Law in California

I have a question that bugging me. My wife and I were married for 2years. Her ex-husben had a stroke, His mom was tring to get him on disablity. Somehow they are saying that they aren't divorced. So what do i need to do? And does that mean our marriage doesn't count?


Asked on 7/23/10, 10:05 pm

2 Answers from Attorneys

Doug Michie Michie Law Firm

You can search the superior court files under her name and her ex's name. It will give you the divorce file number. Ask to see the court file & it will have the final judgment of dissolution. That will prove to you that they are divorced.

www.michielawfirm.com

I guess I wouldn�t feel lawyerly unless I wrote a disclaimer to this answer � after all, that�s what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you�ve met online (and don�t they always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.

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Answered on 7/24/10, 8:15 am
Anthony Roach Law Office of Anthony A. Roach

You need to find the divorce decree to know whether or not they are truly divorced. If your wife's prior marriage was not terminated by divorce, you are not validly married on the grounds of bigamy.

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Answered on 7/24/10, 9:43 am


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