Question about Divorce Decree

[auragirrl]

Hi! I am in the state of California. Here's my question. I was granted a divorce roughly 10 years ago. I found out about 4 years ago that the paperwork for the final divorce decree was never submitted, so it was never done. As I understood it, my ex was taking care of that. He remarried about 7 years ago. Also, as I understand it, he failed to be honest when getting his marriage license, stating that he had never been married before.When I found out he'd never submitted it, I informed him and asked him to aid me in completing the divorce papers. He said he was not interested in doing so.So, he is aware it was never completed. I recently picked up papers to file to finish it. I am a struggling single mother, I raise the kids myself. He pays court ordered child support,because he has no choice, but virtually has no relationship with the kids. He is a well off man. I was wondering if I should look into the matter. I'm not a greedy person, but if there is a way my kids and I could benefit from this, I'd sure like to find out. Also, I'm taking him back to court to ask that the visitation schedule be dropped, as it has not been followed in 2 and a half years.He's scheduled to take them on a basis more regular than most fathers, and for a total of about a month and a half in week long visits yearly, but only sees them about 1 evening a month. I would like to have sole custody, what are my chances I'll get it. the kids are 14 and 16

[LdiJ]

Originally Posted by auragirrl

Hi! I am in the state of California. Here's my question. I was granted a divorce roughly 10 years ago. I found out about 4 years ago that the paperwork for the final divorce decree was never submitted, so it was never done. As I understood it, my ex was taking care of that. He remarried about 7 years ago. Also, as I understand it, he failed to be honest when getting his marriage license, stating that he had never been married before.When I found out he'd never submitted it, I informed him and asked him to aid me in completing the divorce papers. He said he was not interested in doing so.So, he is aware it was never completed. I recently picked up papers to file to finish it. I am a struggling single mother, I raise the kids myself. He pays court ordered child support,because he has no choice, but virtually has no relationship with the kids. He is a well off man. I was wondering if I should look into the matter. I'm not a greedy person, but if there is a way my kids and I could benefit from this, I'd sure like to find out. Also, I'm taking him back to court to ask that the visitation schedule be dropped, as it has not been followed in 2 and a half years.He's scheduled to take them on a basis more regular than most fathers, and for a total of about a month and a half in week long visits yearly, but only sees them about 1 evening a month. I would like to have sole custody, what are my chances I'll get it. the kids are 14 and 16

Your local courthouse will have a family law facilitator's office or a self help center. I would suggest, at a minimum, that you go talk to those folks.

However, a consult with a local attorney might really be in order. I realize that you don't believe that you can afford to hire one, but if your divorce was never finalized, then you are still married. CA is a community property state. If he thinks that you can and will go after his assets then he might get really cooperative, really fast.

I am not suggesting that you do actually go after his assets...but rather have an attorney suggest that you might and then settle for him cooperating with the divorce and paying your attorney fees.

You also do realize that he is a bigamist, and bigamy is a felony?

[majomom1]

Duplicate post.

[auragirrl]

Thank you for the suggestion. I will schedule a free consult with an attorney in my area. Yes, I am aware bigamy is a felony however, would this be considered bigamy, being as he could simply say it was an oversight? Then again, he did lie on his application for a marriage license, and he did that because he was aware there was no divorce decree to submit in order to obtain the license legally?