L
lynch
Guest
What is the name of your state? New Hampshire
sticky situation: divorce/annulment?
What is the name of your state? New Hampshire
My close friend is involved in a nasty divorce/annulment process from her husband.
The two met while the gentleman was in the military and they were both doing work overseas. They married, moved to the states, and had children. She and her children are now US citizens.
She is from the Philippines and was previously married while living there.
She believed her first husband was deceased and therefore married this military fellow.
She then found out, seven years later, that her first husband was actually alive when she got married for the second time. She obtained the death certificate and then got her first marriage annulled in order to clear up any perception of impropriety. (Her first husband actually did pass away during the seven year period while she was married for the second time)
Her current military husband actually helped facilitate the whole process and traveled to the Philippines and iron this out with the US Embassy. All seemed okay at that point.
Now, her current husband is trying to file for annulment instead of divorce and get her deported and take her children away from her. He is claiming bigamy and falsifying documents in order for her to become a US citizen. She never would have spent ten years with this guy if all she wanted was to get in the States. It is clear that he is trying to avoid child support and alimony by getting rid of her (it is a little scary really): he is in contempt of court for not paying her child support at this time.
Questions:
1. Isn’t the annulment to her first husband, albeit seven years late, retroactive so her second marriage was legal? Where would these laws be written and accessed?
2. Are there any legal resources or precedents for such a case?
3. Where could I do research in order to arm her divorce attorney with some concrete facts?
(also posted on the Immigrations section of the bulletin board)
sticky situation: divorce/annulment?
What is the name of your state? New Hampshire
My close friend is involved in a nasty divorce/annulment process from her husband.
The two met while the gentleman was in the military and they were both doing work overseas. They married, moved to the states, and had children. She and her children are now US citizens.
She is from the Philippines and was previously married while living there.
She believed her first husband was deceased and therefore married this military fellow.
She then found out, seven years later, that her first husband was actually alive when she got married for the second time. She obtained the death certificate and then got her first marriage annulled in order to clear up any perception of impropriety. (Her first husband actually did pass away during the seven year period while she was married for the second time)
Her current military husband actually helped facilitate the whole process and traveled to the Philippines and iron this out with the US Embassy. All seemed okay at that point.
Now, her current husband is trying to file for annulment instead of divorce and get her deported and take her children away from her. He is claiming bigamy and falsifying documents in order for her to become a US citizen. She never would have spent ten years with this guy if all she wanted was to get in the States. It is clear that he is trying to avoid child support and alimony by getting rid of her (it is a little scary really): he is in contempt of court for not paying her child support at this time.
Questions:
1. Isn’t the annulment to her first husband, albeit seven years late, retroactive so her second marriage was legal? Where would these laws be written and accessed?
2. Are there any legal resources or precedents for such a case?
3. Where could I do research in order to arm her divorce attorney with some concrete facts?
(also posted on the Immigrations section of the bulletin board)