Anullment ?

[therunningman]

What is the name of your state (only U.S. law)?
North Carolina

I married a woman from Russia in 2002 in North Carolina.
Recently I found out that she was married to another man in Russia when she married me in 2002.

We have two children and now live out of state.
Which documents are needed for an anullment ?

 

[LdiJ]

What is the name of your state (only U.S. law)?
North Carolina

I married a woman from Russia in 2002 in North Carolina.
Recently I found out that she was married to another man in Russia when she married me in 2002.

We have two children and now live out of state.
Which documents are needed for an anullment ?

You have two children together, an annulment could be a problem. Where did you get the information that she was married to someone else in Russia and what proof do you have that they did not divorce?

 

[OHRoadwarrior]

File for custody of your children and report her to USCIS for assessment, revocation and deportation.

 

[Zigner]

What is the name of your state (only U.S. law)?
North Carolina

I married a woman from Russia in 2002 in North Carolina.
Recently I found out that she was married to another man in Russia when she married me in 2002.

We have two children and now live out of state.
Which documents are needed for an anullment ?

In what state do you both presently live and how long have you both lived there?

 

[therunningman]

Thank you Zigner, OHRoadWarrior and LdiJ for your input.
To answer your questions, the information comes from the Russian court system.
There is a marriage certificate but no Divorce certificate registered and according to the lawyer I paid
in Russia, that means she is still married in Russia.
She did produce a divorce certificate to the US Immigration office, but according to the Russian lawyer
It was not registered in the court house in Russia so it is not valid.

We married in North Carolina in 2002.
We lived in California from 2002 to 2008.
We have lived in Europe since 2008 but most of the time here we have been seperated.

I have discussed this issue with 4 lawyers in Europe.
3 lawyers said that the marriage should be annulled, but
It must be annulled where the marriage was entered into (North Carolina).
1 lawyer said to hide her previous marriage because the children would belong to her Russian husband but the other 3 lawyers said this was wrong advice.

She is also married to another man in another ex soviet country but that document is difficult and expensive to find. 1 marriage should be enough to annul the marriage, shouldn't it ?

The question is which document is needed to annull the North Carolina marriage ?

 

[LdiJ]

Thank you Zigner, OHRoadWarrior and LdiJ for your input.
To answer your questions, the information comes from the Russian court system.
There is a marriage certificate but no Divorce certificate registered and according to the lawyer I paid
in Russia, that means she is still married in Russia.
She did produce a divorce certificate to the US Immigration office, but according to the Russian lawyer
It was not registered in the court house in Russia so it is not valid.

We married in North Carolina in 2002.
We lived in California from 2002 to 2008.
We have lived in Europe since 2008 but most of the time here we have been seperated.

I have discussed this issue with 4 lawyers in Europe.
3 lawyers said that the marriage should be annulled, but
It must be annulled where the marriage was entered into (North Carolina).
1 lawyer said to hide her previous marriage because the children would belong to her Russian husband but the other 3 lawyers said this was wrong advice.

She is also married to another man in another ex soviet country but that document is difficult and expensive to find. 1 marriage should be enough to annul the marriage, shouldn't it ?

The question is which document is needed to annull the North Carolina marriage ?

You are going to have to consult an attorney in North Carolina, but again, I am not sure that you can do what you want to do. Neither of you are current residents of NC therefore the NC courts would not consider that they have any jurisdiction over the matter. Wouldn't it be a lot simpler just to get a divorce?

 

[therunningman]

Neither of you are current residents of NC therefore the NC courts would not consider that they have any jurisdiction over the matter. Wouldn't it be a lot simpler just to get a divorce?

Thanks for the reply LdiJ,
The lawyers in Europe said that the marriage needs to be annulled where it was entered into, i.e. N.C.

The 3 lawyers who suggested the annullment said the annullment would be easier and quicker than a divorce.
With a divorce, she receives alimony payments from me. With an annullment she does not. Also, divorces here in Europe
Are expensive and are never simple.

 

[TheGeekess]

Thanks for the reply LdiJ,
The lawyers in Europe said that the marriage needs to be annulled where it was entered into, i.e. N.C.

The 3 lawyers who suggested the annullment said the annullment would be easier and quicker than a divorce.
With a divorce, she receives alimony payments from me. With an annullment she does not. Also, divorces here in Europe
Are expensive and are never simple.

Not in the US.

 

[Ohiogal]

Thanks for the reply LdiJ,
The lawyers in Europe said that the marriage needs to be annulled where it was entered into, i.e. N.C.

The 3 lawyers who suggested the annullment said the annullment would be easier and quicker than a divorce.
With a divorce, she receives alimony payments from me. With an annullment she does not. Also, divorces here in Europe
Are expensive and are never simple.

And unless you are residents of NC, you cannot get an annulment in N.C. In addition, she could have gotten divorced in the US from her Russian husband which would be valid in the US but maybe not in Russia.

 

[OHRoadwarrior]

Consult a lawyer, however, you should be able to obtain custody under paternity law and/or assumption of parental role. It should not be complicated.

 

[LdiJ]

Consult a lawyer, however, you should be able to obtain custody under paternity law and/or assumption of parental role. It should not be complicated.

Huh? He was asking about an annulment, not custody.

 

[LdiJ]

Not in the US.

Seriously...in the US annulments are complicated and expensive. Divorce is much easier.

 

[Zigner]

You're not going to get an annulment in NC because you're not a resident of NC.

 

[FlyingRon]

Well, in North Carolina a bigamous marriage is AB INITIO VOID. You are NOT married. Unfortunately, you'll probably want some documentation of that.
Annullment is not "complicated" nor harder than divorce in NC if you qualify. Bigamous marriages are the EASIEST (even after kids are born) to be annulled. All you show is that the person was already married and the court will show that the marriage is ALREADY void.

As stated, the problem is that NC requires that you reside there for six months before you can avail yourself of the court there.

 

[Zigner]

OP apparently resides in Russia. This is a Russian law question, not a US law question.