If I got married to a man in California in 1995, and found out he has 2 previous wives with whom he NEVER divorced from, are we legally married? I would think that the marriage is null since he's already married to 2 other women? Please help! I haven't seen him for abou 6 years, but I didn't think a divorce was necessary...was I wrong? Do I still need a divorce? Are there any reasons that would change this...such as having a child together?
2006-07-28 05:39:11 · 12 answers · asked by ? 6 in Politics & Government ➔ Law & Ethics
ok, so how do you "annul"...and i was told this wasn't possible because we had a child in 96?
2006-07-28 05:44:18 · update #1
If the man was never divorced, you were never married. There is no reason to get an annulment because there is no marriage to annul.
But that doesn't mean you don't have the right to distribution of assets, maintenance and child support. In all states, he must pay to support the child. In many states, he may have to divide assets with you.
See a matrimonial lawyer today.
2006-07-28 06:06:10 · answer #1 · answered by Loss Leader 5 · 0⤊ 0⤋
If he is legally married to someone else you marriage was defective. You don't need a divorce but you should get an order from a court annulling your marriage in case you have any issues in the future. It will be much easier to take action now instead of waiting until something comes up. For example his dealings might in some way implicate you financially unless and until you can prove you were never actually married.
You should just take care of it. Go see an attorney and explain your situation. Good luck.
Having a child does not make a difference because the marriage was defective at its inception. You can still have an annulment.
2006-07-28 05:47:36 · answer #2 · answered by C B 6 · 0⤊ 0⤋
For complex legal questions, you really should consult with an attorney licensed in your state.
That being said, here is some general information to ask your attorney about.
California recognizes the concept of a putative marriage, one that does not meet legal requirements, but where one or more spouse had a good faith belief that the marriage was valid. Because California is a community property state, the existence of a putative marriage has some impact on community property rights and shared assets.
An annulment cancels a marriage (or putative marriage) as if it had never happened. The rules for annulments vary depending upon the specific circumstances, but it is generally within the court's discretion to resolve such disputes according to equitable principles.
Annulment is available where a marriage is voidable, but is not necessary where a marriage is void. Voidable means than an affirmative action is required to make it void.
The longer you remain in a tangled relationship, the more complex the legal issues become. I suggest you consult with an attorney to secure your legal rights. The state bar offers a referral service for attorneys, including several who are willing to do pro bono work. Some counties also have legal aid centers that provide low-cost legal advice in situations like this.
2006-07-28 07:06:12 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
No, you technically are not married. You do not have to worry about divorce, because according to the law, he is still married to the first wife.
However, you should report him to the IRS for tax reasons, and to the proper authorities to arrest him. Talk to a lawyer, as you may have strong grounds to sue this man for pain and suffering, and to get your marriage annulled.
But if you both got a marriage license, that does mean you are married. Your lawyer will assist you in getting things straightened out. This man is a polygamist, and that is against the law.
Seek out a lawyer!!!!!!!!
2006-07-28 05:49:12 · answer #4 · answered by Slipshade 3 · 0⤊ 0⤋
No, you are not. I think you need to go to the courthouse and get the marriage annuled, if you can offer proof that he was already married without getting divorced prior to marrying you.
2006-07-28 05:49:05 · answer #5 · answered by ceprn 6 · 0⤊ 0⤋
Divorce isn't necesarry. annulment is. Child, property, etc, nothing changes that you qualify for annulment. It isn't a dissolution of marriage, but rather a statement that there never was a marriage to begin with.
2006-07-28 05:43:22 · answer #6 · answered by t79a 5 · 0⤊ 0⤋
yeah, if he is married to someone else, then yours (and the second wives) arent legal. btw, you might owe LOTS of back taxes for however long you were married for and filing taxes jointly. i dont think you need a divorce since technically you're not legally married.
2006-08-01 04:03:02 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If i exchange into in charge: The civil and criminal concerns, which includes inheritance, visitation rights, tax status etc, that at present bypass with what we call "marriage" could be attainable to anybody inspite of sexual selection. Civil marriage could be a freelance count with standardized words (as to age of consent, degree of consanguinuity, etc. which at present variety between states) and could hide each and all the criminal rights and primary jobs. The civil marriage could be finalized with the aid of fact the minute the couple signs and indications an contract to realize this in the previous a courtroom clerk and/or yet another suitable good. non secular marriage could be non-compulsory, and could be thoroughly as much as the couple and any company or minister they ask to accomplish the service for them. No church or minister could be forced to accomplish something they locate objectionable, yet neither ought to they deny a pair the nicely suited to bypass someplace else for such service. enable the state cope with civil concerns; enable the church homes cope with concerns of the spirit. this is in basic terms my handle it. i'm a criminal Wiccan minister, authorized to accomplish marriages, and could be extra suitable than keen to accomplish gay or lesbian marriages if it have been criminal in my state.
2016-10-08 10:28:20 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If he is married to two other women then he is a polygamist. You are not legally married. He is a felon and needs to go to jail. You need to get you a lawyer.
2006-07-28 05:56:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No the first wife is legally married to to him you and the second wife were never really married, he can get in trouble for polygamy.
2006-07-28 05:48:19 · answer #10 · answered by msim225 3 · 0⤊ 0⤋