Legal Question in Family Law in California
My wife was born on a military base in england, she lost her birth certificate at some point before we got married. After we got married she informed me about this. she has tried several times to get it. Immagration an naturalization services can't find her records, at all. I don't know all the details but I think she is or was on a hold. we got married in vegas 2 & 1/2 yrs ago. My question is, is my marriage legal, and (please tell it is not) if it is not please tell me what to do at this point. I am trying to divorce her but she is now contesting it. She has cheated lied and stole from me and now she wants part of my retirement pension. and in california at what point or year do I half to pay her alimony or spousal support. Thank you very much in advance for any answers you may give or legal advice you might share. Thanks again.
2 Answers from Attorneys
A birth certificate or INS records or citizenship status have nothing to do with marriage or divorce. If two unmarried people meet the requirements for issuance of a marriage license in the jurisdiction in which they want to get married, and then fulfill the requirements of solemnizing, recording and consumating the marriage, it's legal. As for spousal support, there is no bright line as to when support is ordered. There is a standard that for marriages of under ten years support is almost never ordered for more than 1/2 the length of the marriage. For a 2.5 year marriage, support may not be ordered at all, but could be. She will be entitled to a claim against your pension because that is deferred compensation earned during marriage. For such a short marriage, however, you should be able to work out a relatively cheap buy-out. She won't want to wait until you retire, which gives you the chance to pay present value of a future revenue stream, which can be quite cheap if you are young enough.
If you were validly married, your marriage is valid. I fail to understand your theory about the birth certificate. Is it your argument that because her birth certificate is lost, she was not really born, and therefore does not exist? There is no formula set in stone for spousal support, there only statutory factors tha the judge applies in determining whether or not to award spousal support.