Legal Question in Family Law in Nevada
Illegal
My daughter is engaged to a man that claims he was married in Las Vegas, but later found out that his bride may have been previously married and never divorced. There is a marriage license on record in Nevada for this man and woman. Does he need a divorce or an anulment? IF so how does he go about dissolving the marriage if he can't find her or any proof of her previous marriage??
5 Answers from Attorneys
Reply: Illegal
Based upon the information that you have provided, yes, he would have to have his prior marriage dissolved or nullified. If he does not have proof of her prior marriage, then nullity is probably not the best option, again depending upon the specific details which may be available.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Illegal
If he was married then he must get a judgment dissolving it. If his wife was married prior to the marriage with him, it may be annulled. If necessary an order to serve by publication may be petitioned for. Call me directly at (619) 222-3504.
Re: Illegal
Your daughter's fiancee might seek to annul the marriage in Nevada. She would be well advised to postpone her wedding to this gentleman, knowing that he is legally married already. Some of the courts in Nevada provide form packets for divorce and annulment matters. If time is a factor, consider hiring experienced counsel.
Re: Illegal
If the facts in his case fall within the definition of a voidable marriage, see family code sections 2210 and forward. A judgment if nullity can be obtained in California. An attorney can review the facts with you and tell you if the marriage can be declared voind by a court in California. Problems of serving her can also be addressed by the attorney.
Re: Illegal
The man your daughter is marrying should get an annulment. The fact that his prior wife was married when they married is grounds for an annulment. If he cannot locate her, he can get permission from the court to publish in a newspaper and finalize the annulment that way without actually serving her.