• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

marrage fraud

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

chyrellan

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

I have just gotten divorced and was court ordered to provide a settlement payment to my ex-spouse. My ex has just passed away and during the estate settlement proceedings I have learned he was previously married at the time our marrage took place. I would like to recover my settlement without spending a fortune to do so. Any ideas where I can go for help?
 


CourtClerk

Senior Member
What do you mean previously married? Like married and divorced or he was still married at the time he married you?
 

mistoffolees

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

I have just gotten divorced and was court ordered to provide a settlement payment to my ex-spouse. My ex has just passed away and during the estate settlement proceedings I have learned he was previously married at the time our marrage took place. I would like to recover my settlement without spending a fortune to do so. Any ideas where I can go for help?
Unless it was an immense amount of money, it will cost you more to keep that money than to let it go.

You'd need to provide more details, though. Are you sure he was married when he married you or just going on hearsay. Could there have been a divorce that you're not aware of?

If he was fully separated from his 1st wife and never had contact with you from the time you married onward, then it seems to me that he was married to you in a very real sense even if you might be able to legally void the marriage. By that rationale, his estate is ethically entitled to half of the equity accumulated during your marriage (which I am assuming is what the settlement payment was all about).

If he was actually married to both of you at the same time, then you're going to need to see an attorney to straighten it out - and it's likely to be expensive since his estate will presumably fight it. There's already one thread here about someone where an estate battle has basically wiped out everything the couple owned. Yours could go the same way.

Again, unless it's a huge amount of money, I'd let it go. If it IS a huge amount of money, see an attorney and ask for their advice.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top