Reinstating alimony in Ca. aftr annulment?

[sdunni5]

What is the name of your state (only U.S. law)? California I really need help with this one! I was married for 6 years and that ended in divorce with an alimony order and then I remarried some guy who ended up being a fraud and that marriage has been annulled. We did cohabitate for 3 months. My ex has a cohabitation clause, so I am not seeking alimony for those 3 months. My divorce papers are very clear that "alimony will resume in the event any such cohabitation ceases prior to end date of support". It is ordered until 12/09. I want to know is this going to be difficult to reinstate. My ex was the main support of our marriage. I am on perm disability and he has a good job. Please advise??? Thanks, Stacy in Ca.

 

[CourtClerk]

If I were your ex, I'd be fighting you tooth and nail on the reinstatement of alimony. You didn't just cohabitate, you got MARRIED (even if it was ultimately annuled).... big difference.

It's going to be an uphill battle for you, honestly, IF (and that's a big if) a judge will consider it at all.

 

[LdiJ]

If I were your ex, I'd be fighting you tooth and nail on the reinstatement of alimony. You didn't just cohabitate, you got MARRIED (even if it was ultimately annuled).... big difference.

It's going to be an uphill battle for you, honestly, IF (and that's a big if) a judge will consider it at all.

I am not sure that I agree with you. I think that a good attorney could argue that it was nothing more than cohabitation if the marriage was fraudulent enough that an annulment was granted.

I don't think its quite fair to judge this one as an "uphill battle".

OP should get a consult with a local attorney.

 

[nextwife]

I'm stunned that a 60 month marriage resulted in alimony in the first place. She's already remarried and unmarried and there is still a year to go?

 

[sdunni5]

RE: The reinstmnt of alimony post

Dear Next wife: I was married for 5 years and 8 months and yes that results in alimony for half the length of the marriage. Let me just say that when I "remarried" (which was annulled) on that wedding night, the man threatened to murder me and kill himself and he was taken to a mental institution. I have all the reports for that. This was not a real marriage from the word go! My ex husband was not replaced in any way. I know this could be a battle for me, but I will fight since my ex husband was granted every dime from the sale of our property due to these divorce papers that now seem to favor me. Just thought I would give you a little background.

 

[moburkes]

This is interesting to me. So, you could, literally get married and divorced several times (ignore the annulment for a moment), and alimony will be reinstated after each divorce? Would that be a correct take on the situation?

 

[CourtClerk]

This is interesting to me. So, you could, literally get married and divorced several times (ignore the annulment for a moment), and alimony will be reinstated after each divorce? Would that be a correct take on the situation?

I have NEVER seen an order written the way that the OP says hers is, however, if this is REALLY the way it's written, then yes she could. Which is why the OP's exhusband needs to take the order back to court and ask the judge what he was smoking on that day...

It is COMPLETELY unfair to the ex... completely.

 

[moburkes]

Its just weird. But, obviously I'm doing something wrong because I need to get an order liek that from someone wealthy. It would be fun living!

 

[sdunni5]

RE: The alimony Court order that is purzzling people

Hi everyone! The court order that I wrote word for word was my ex-husbands wording and it was signed in as a court order on 2/6/07. My ex-husband drew these divorce papers up that have completely favored him, but now it's looking good for me! Let me also say that when these were filed we were both sitting together with a paralegal and we were in agreement. I was told NOT to respond due to agreeing and the cost would have to go up! Later with the final divorce papers he threw in a bunch of other stuff (not matching originals) and it all favored him! He did not ammend the papers and I could not afford to fight! He is devioius and dirty and he has profited off our marriage and I did not!

 

[CourtClerk]

blah blah blah...drivel

Here's a little news for you. If you received the divorce by default because you didn't answer, you kinda sorta screwed yourself. Why?

Because to bring the motion to court, you will need to pay first appearance fees AND the motion fee. So, when you draw up your motion, bring $360 with you ($320 first appearance, $40 motion).

 

[nextwife]

Gee. It doesn't quite seem fair to let someone have a financial obligation end, perhaps then assuming other financial obligations which they would LOT have taken on had they still believed they'd be paying alimony, and THEN, because you made a bad choice in choosing a new husband and got that marriage undone, you can come back and say SURPRISE! I only let you THINK I was married, but after that we undid it, so now I want alimony again. I'm a big believer that people have a right to know if a financial obligation is over or not, so they can plan according.

 

[sdunni5]

reinstating alimony after annulment

Nextwife: Each case is different, but my ex knew of the annulment right away. He even knew when he cashed in on the sale of our home. According to the income and expense he is making much more, and his debt is much less, thanks to the sale of the house and my paying half of his individual Discover Card. His only bitch is that his girlfriend depends on him as the breadwinner, but this is the lady he was sleeping with during our marriage, so I don't care! Let me just say that his divorce papers have soley benefited him and now that may change a little. I do NOT feel bad for reinstating this since he did not care that he made me homeless when he kicked me out so he could be free to be with his girlfriend also a coworker. I appreciate your input, but this has been an interesting divorce. Also he never truly paid me alimony. He was drawing it off the Discover Card and stuck me with half the balance!

 

[Isis1]

why wasn't the discover account closed?? he wouldn't have been able to still draw money from it while you were paying it off had it been closed.

seniors, is it quite possible a good attorney can get that back alimony? that's just ridiculous. she was paying herself if that was the case.

 

[Zigner]

I'm more interested in the paralegal situation with this one...something's fishy.

 

[sdunni5]

Thak you Isabella for your response. The card was supposed to be closed, but he kept on charging and brought is 3453.00 over the limit. I did not think that was even possible! He also neglected to pay for 7 mos. and it was about to charge off, when suddenly our home (which was in foreclosure without my knowledge) suddenly sold and out of my proceeds I had to pay half of that Disc bal. What was left from the sale when to my Ex. I did NOT see a dime and yes it's true he was taking cash advances to pay my alimony!