SherryQ said:
What is the name of your state?From Nevada but residing in Ca.
I have been trying to get a divorce from a very abusive man, and I found out he is probally still married to his 2nd wife. does this mean I don't need a divorce or do I need an annulment?Our marriage is null and void I believe.Anyone hve any sugestions for me.
My response:
Obviously, it is next to impossible to know with any certainty whether your spouse is, in fact, divorced or not.
Therefore, this is really a simple matter.
If you've been living in your California county for at least 3 months, and within the State for the past 6 months, all you need to do is file your Petition for Annulment, and have him served with the papers alleging that his marriage to you is bigamous.
It will then be up to him to either respond to the Petition with a formal Response, either admitting or denying the bigamy. If he denies it, he will have to show proof of a previous divorce decree. If he does, then your Petition automatically becomes one for "Dissolution". If he doesn't respond at all, after showing your proof of service on him to the court, you will file your Request for Entry of Default, and thereafter be granted an Annulment by the court.
Grab yourself a book on Divorce from your local Barnes & Noble bookstore. Also, go to your local courthouse and snag some of their "How-To" pamphlets - - and get the forms too.
IAAL
