is it perjury?

[esquibel]

Now living in Georgia.
I am a German citizen and was married to an American who was stationed overseas. I filed for divorce in California because my ex-husband is from California.
A lawyer who's adress I had from my neighbor said he would do the paperwork for me. I had to sign blank sheets of paper and put my information on a different piece of paper. When the petition came back I should have read the smallprint but I didn't because I trusted that lawyer and didn't think anything was wrong.
Now, almost 2 years later my ex-husband says he will fight the divorce because I committed perjury plus he never got the petition. In the smallprint it said that I was a resident of California for the last 6 months before the divorce which I wasn't. Now in the meantime I am remarried and have another child with my new husband. How seriously can I get in trouble? I am so scared and don't know what to do. I couldn't even afford to get an attourney.

 

[ALawyer]

If you were not validly divorced, then you could not get remarried. That's the main issue.

But I do not know why as a practical matter the "ex" wants to stay married and will fight it, unless the decree compells him to pay support, or gave you property. Something is out of whack, as you could always file again for divorce and get it.

If the facts are as you said, I doubt the DA would go after YOU for perjury, but it sounds as if the lawyer you used was very careless at best, may not have properly served your husband -- he engaged in "sewer service" (not that I'd believe your maybe ex either) and that could be a REAL problem.

Contact that lawyer you originally used and explain it to him or her what has happened, that you expect him to handle this without fee, and that you are prepared to reprt this to the State Bar of California if it is not handled. But my guess is he's likely to say he won't lift a finger, in which case you'd need another lawyer to help you.