Legal Question in Family Law in Texas

Married before divorce was final

I was a Texas resident (now resident of California) and was in the navy when I married in December 1999 in Texas. My estranged wife is a resident of West Virginia. I went to to sea in January of 2000 for six months. We never cohabitated as husband and wife, she returned to West Virginia. In March of 2000, she informed me that her divorce from her first husband was not finalized until February or March of 2000. Soon after this, she stopped associating with me completely, cut off all ties with me while I was out to sea. Do I need to take any action to annul the marriage or do I need to file for divorce?


Asked on 12/03/02, 6:43 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Married before divorce was final

You need to file for either annulment or dissolution of marriage. In California, you have grounds for either action.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 12/03/02, 7:04 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Married before divorce was final

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, I would say that you can file IN CALIFORNIA for your choice of an annulment or a divorce if YOU meet the California residence requirements (6months in state, 3 months in county).

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 12/03/02, 7:50 pm


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