Legal Question in Family Law in Ohio
Husband still married to first wife!
Due to matters beyound my control, Two weeks ago my divorce case was dismised. And due to finances I am unable to refile. But this week I found out that he is still married to his first wife, (and may be remarried now.) There are two children one from each marrage and no child support is being paid. He currently lives in florida. He was abusive in both relationships, and his first is as afraid as I to open this. Yet maybe we can protect someone else.
In this forum my questions would be! What do I need to file an annulment and can I do this myself? Second child support and custidy. My child is three and he has not seen his dad for a year and a half. the other child is eight and has not seen him for four years. I do not wish to have this man in my sons life due to his abusive nature. any help you could give me would be appricated. --- I'll ask in another section the posibility of prosicution on bigotry.
1 Answer from Attorneys
Re: Husband still married to first wife!
First, is the issue of filing the annulment. You can file with the clerk of Courts a poverty affidavit stating that you do not have the funds to file for the annulment and then Court costs will be waived. In order to prove your case you will need a marriage licence from his first wife and then get from the clerk of the Court where she lives an affidavit that no divorce has been granted. You will then require a certified copy of your marriage licence to prove the adultry.
The other issue is that you do not want this man in your childs life. If you have no contact with him for a 1 year time period and receive no support for one year then you do not need consent to adopt. That would be the best way to get him completely out of the man's life. Should you desire child support, the prosecutor's office in the county in which you live will help you.