Legal Question in Family Law in Washington
My estranged husband lied on divorce papers. He said that he had no children with his ex wife when in fact they have a 16 yr old girl. He filed his divorce in the US and his marriage was in Mexico. What are the consequences for him lying? Will this make my marriage to him void/null? I am hoping so. I want to divorce him.
1 Answer from Attorneys
It is difficult to know the answer to your question for sure, because I would need to read the file to answer it accurately. However, my suspicion is that his divorce with his ex-wife is valid. The fact that he lied does not go to the issue of whether or not the court had jurisdiction and thus the ability to dissolve his marriage to his last wife. However, his ex-wife may be able to reopen the divorce to ask for child support or some other relief if she was denied this as a result of him lying about not having a child.
Therefore, I do not think that your marriage was void from the start. I think you simply have to start your own dissolution of marriage proceedings and obtain a divorce through normal channels.
Best of luck,