Legal Question in Family Law in West Virginia

He Lied

A friend of mine married a man illegal immigrant about 5 years ago, since then his children have become citzens here as well. She just received information that he is married in he home country, and has another child. What should be her first step to clarity in this situation and possible divorce with out lossing everything?


Asked on 3/22/07, 3:01 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: He Lied

They are not legally married, since he was married at the time they "got married". If the "his children" you referred to in your question are THEIR children, she should file a court petition for custody and child support, possession of their residence if they own it together, and a property settlement. An experienced family attorney should be consulted immediately.

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Answered on 3/22/07, 3:47 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: He Lied

If your friend "married" a person, while the person she married, was "legally married" to another, (whether in or out of this country), your friend's "marriage" is VOID.

If your friend wants the "world" to know that she is not married to her alleged spouse, and does not want to suffer "marital distribution" of HER assets, or other "marital" support obligations for her alleged spouse, now or in the future, she probably will need to commence an Action to have the Court Declare her marriage Void.

Good luck,

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Answered on 3/22/07, 3:52 pm


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