Legal Question in Family Law in Nevada
i have been with mr. riddley for 30 years, however he was married 1977 his wife name is mary e. bradford she sign pestoni we have the certificate, when she had their son he 33 now howver on his birth certif. she did not sign mary riddley she sign mother mary wood, now she was previous married but told mr. riddley her divorse was finnal can you please help me i just want to know is this legal they were not even togrther a month as husband and wife im tired of fighting over this please can you help me thank you
1 Answer from Attorneys
I have, curiously, dealt with many similar cases.
Your facts are a bit jumbled. The best way to analyze a situation like this is on a time-line, starting at the beginning. The rule is that you can only be married to one person at a time, so the first valid marriage remains valid until it is terminated by divorce or death, and any later attempted marriages by someone still married to another are void "ab initio."
That is not the end of the analysis, though. Case law indicates that folks that THINK they are validly married, but are not, have a "putative marriage" during which precisely the same community property (and in some cases even alimony) terms can apply. Confusing the matter further, it is POSSIBLE for folks who KNOW they are not married to have and hold property as if they were married "by analogy." An article describing this last situation is posted on our web site, at http://www.willicklawgroup.com/palimony_cohabitation.
After 30 years, it is long past time for you to get your rights and obligations straight -- you do not want to be trying to figure it all out for the first time only after someone dies and probate is in issue. You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.