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Help..Am I legally married?

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legallymarried

Junior Member
What is the name of your state (only U.S. law)? California.

I just found out recently that when my husband was previously married and filed for a divorce, His (ex?)wife wouldn't sign and so he had his then current girlfriend sign as his wife.:eek: we have been married for 7 years now.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California.

I just found out recently that when my husband was previously married and filed for a divorce, His (ex?)wife wouldn't sign and so he had his then current girlfriend sign as his wife.:eek: we have been married for 7 years now.
um....no you haven't:cool:
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? California.

I just found out recently that when my husband was previously married and filed for a divorce, His (ex?)wife wouldn't sign and so he had his then current girlfriend sign as his wife.:eek: we have been married for 7 years now.
Are you saying that your husband's ex girlfriend fraudulently signed in place of his then-wife?

Does the then-wife even know that he's remarried? Is he aware that even if she hadn't agreed, he would have been awarded the divorce eventually?

Wt heck?
 

divona2000

Senior Member
Are you saying that your husband's ex girlfriend fraudulently signed in place of his then-wife?

Does the then-wife even know that he's remarried?...
and does the then-wife even know she's (fraudulently) divorced? Because it seems that a woman who refused to sign divorce papers would be asking the court some questions after recieving final divorce papers "signed" by herself!
 

Proserpina

Senior Member
and does the then-wife even know she's (fraudulently) divorced? Because it seems that a woman who refused to sign divorce papers would be asking the court some questions after recieving final divorce papers "signed" by herself!
one would think...
 

mistoffolees

Senior Member
and does the then-wife even know she's (fraudulently) divorced? Because it seems that a woman who refused to sign divorce papers would be asking the court some questions after recieving final divorce papers "signed" by herself!
There are some other issues to consider.

OP has presumably been filing taxes as married for the past 7 years. Since his divorce may be invalid, there may be tax fraud issues.

Now, if she just found out about it, SHE may be protected under innocent spouse rules, but she loses that protection if she doesn't do something about it.

She need to go see an attorney. NOW.
 

LdiJ

Senior Member
There are some other issues to consider.

OP has presumably been filing taxes as married for the past 7 years. Since his divorce may be invalid, there may be tax fraud issues.

Now, if she just found out about it, SHE may be protected under innocent spouse rules, but she loses that protection if she doesn't do something about it.

She need to go see an attorney. NOW.
Ok...we need to back up a few steps here.

He is divorced from his previous wife. The divorce was fraudulently obtained, and his ex wife could certainly open up the property settlement/take action against him etc, but he is divorced from her.

Therefore OP's marriage is legal, and any joint tax filings were also legal.
 

mommyof4

Senior Member
Ok...we need to back up a few steps here.

He is divorced from his previous wife. The divorce was fraudulently obtained, and his ex wife could certainly open up the property settlement/take action against him etc, but he is divorced from her.

Therefore OP's marriage is legal, and any joint tax filings were also legal.
Not if the 'divorce' was never legally filed, he isn't.

That would certainly explain the lack of action or REaction by the supposed EX, no wouldn't it? ;)
 

mistoffolees

Senior Member
There is NOTHING from the OP that would indicate that the divorce didn't occur.
There's not enough to say one way or the other. We know that the divorce papers were fraudulently signed, so their validity is questionable. Whether his ex has any grounds to re-open it or not is unclear.

Because there are so many issues that are unclear and because the repercussions could be severe, OP needs to see an attorney.
 

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