Legal Question in Family Law in California

subsequent marriages

I went to a little chapel in Utah 15 years ago and got married. The Chaplain issued a license and gave us paperwork to mail in to county. We never mailed them in. I thought our marriage not valid because we never mailed in paperwork. I just got remarried this year in California now. I was served yesterday with a petition for dissolution from that marriage in Utah. My ex is not asking for anything, just wants divorce. I don't want any problems. Should I answer, or leave it as is and let it go through? Is my current marriage valid? Isthe petition valid since it was in Utah, but he served me here?


Asked on 9/29/08, 5:34 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: subsequent marriages

There is a question of whether you are married to the (first) wife and that would be determined by Utah law. If she use an attorney you may call and ask that attorney whether he can amenda and take a nullity, which would insure that your second marriage is valid. If the Utah marriage is valid then your second marriage is not valid and you should go out and get married to the second wife again. (Enjoy yourself.) Your rights would then be determined from the date of your original marriage (to current wife) to the date of your second marriage would be based upon a putative marriage, which does not substantially change. Some attorneys have advised that you must get an annulment of the second marriage before you can "re-marry" the second wife. Not so. Consider it an opportunity to re-affirm your vows, that will take some of the sting out of the irritation of the situation. You will need to get "remarried" unless you get a nullity of the first marriage for social security purposes. Good Luck, Pat McCrary

Read more
Answered on 9/29/08, 6:58 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California