Legal Question in Family Law in California
in the state of nevada, one of their criteria says that you must be a resident of nevada of at least 6wks prior to filing for a divorce. What if the person who filed for the divorce lied by saying that they were a resident of nevada, when in fact they lived in another state? plus, claim that there were no minors born during their marriage even though he ended up abandoning a biological child that he brought into the marriage from another woman to be raised by the stepmother (defendant) and half sister. can the divorce be nulled since it was perjury? is it possible to even void or challenge a divorce decree?
1 Answer from Attorneys
Yes a fraudulently written petition can be voided . The children of the marriage should be determined through a parentage determination. You should consult with a lawyer in NV to determine if you need to file paperwork there to void the dissolution there. You may need tow separate actions, to file again for divorce in CA if you meet the residency requirements here. Your case sounds complicated, you should consult with a local attorney to see what the proper course of conduct would be.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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