Can I file for new divorce if he committed bigamy before divorce finalized?

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

Here are the facts as I know them:

We married: 1987
Filed for Divorce: 12/09/04 (note date)
Final Court Date: 12/09/08 (which I was never served)
Papers show up at my door from attys office: 12/23/08 signed by judge 12/21)

My husband married on 11/17/06

We filed with the same atty because we had already decided how things were divided & alimony/child support amts. Every time the papers showed up they were wrong...this went on for the 4 years, until the final ones showed up.

My questions:

Is my divorce final or by him committing bigamy and obviously lying to the judge or someone because I was never served?

I don't know how to read these danged divorce papers so I am not sure but could he have filed a non-status or ex-parte divorce in order to get out of serving me?

I called the atty today. He advised me never to call there again and that he never represented me. Too bad for him...Its on the divorce papers! Filled out a complaint form to the Bar. In the meantime...Can I sue him?

I have a 1,000 more questions but these are the ones keeping me up at night. Any advice is better than no advice..
Thank you

What are you hoping to accomplish?

Clear As Mud said:

I called the atty today. He advised me never to call there again and that he never represented me. Too bad for him...Its on the divorce papers! Filled out a complaint form to the Bar. In the meantime...Can I sue him?

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There is clearly far more to this story than you've indicated. In fact, so much is clearly distorted or misrepresented that it's not worth even trying. Go hire an attorney to sort it out if you wish.

However, as to the above, I'm guessing that you called the attorney who was representing your ex, not you.

mistoffolees said:

There is clearly far more to this story than you've indicated. In fact, so much is clearly distorted or misrepresented that it's not worth even trying. Go hire an attorney to sort it out if you wish.

However, as to the above, I'm guessing that you called the attorney who was representing your ex, not you.

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As I stated...He represented both of us. I signed the papers. When I called today he claimed that he did not represent me. I looked on the copy of the divorce papers online and it states that he IS representing both of us.

Zigner said:

What are you hoping to accomplish?

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What I would really like to do is get this divorce annulled/dismissed and start all over. He did this all behind my back so he wouldn't have to give me anything. CA is a community property state. I would like my half. Our son should get the child support that never went in the divorce but he had promised. I also feel that the atty needs to feel a little tug for his actions. I know it sounds like revenge (and, I must admit, it is partially) but this isn't right!

Clear As Mud said:

As I stated...He represented both of us. I signed the papers.

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That's where you're wrong. An attorney can not legally represent both parties. The attorney was apparently representing your husband and you had no representation.

You'll have to back through the paper trail, but it's unlikely that you're going to be able to get it changed now. Clearly, though, you can not do this on your own. Gather up all the paperwork and take it to a different attorney for a review.

Clear As Mud said:

What I would really like to do is get this divorce annulled/dismissed and start all over. He did this all behind my back so he wouldn't have to give me anything. CA is a community property state. I would like my half. Our son should get the child support that never went in the divorce but he had promised. I also feel that the atty needs to feel a little tug for his actions. I know it sounds like revenge (and, I must admit, it is partially) but this isn't right!

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Move on - you are beyond time to do anything. Let him go.

Your ex's attorney doesn't deserve a "tug" for representing his client - your ex - to the best of his abilities.

Yes... this means that it was the attorney's job to screw you over royally if you allowed him to do so.

By not having an attorney, you did.

This has been going on for 6 years and you want to start over? No wonder the attorney doesn't even want to hear your name.

As to what he said to you... unless you have EVER cut him a check, he was absolutely correct.

While I agree that its probably way too late to do anything about the actual divorce or the property settlement, but if your child is still a minor you absolutely can do something about the child support.

All you have to do is file for child support...assuming that you have primary custody of the child. Just because your divorce decree says no child support doesn't mean that you are bound to that forever.

Obviously, I am in a room full of men. Heaven forbid if you look outside of your own box (no puns intended) and see things from a new perspective.

I was a stay-at-home Mormon housewife for 20 years. I took care of everything-except the finances. I had nothing. I had no money, no credit, no job, nothing...but let me tell you....I could make a mean pot roast!

He left me. I was devastated: mentally, financially and physically (I have crohns and SLE). I was just happy to wake up in the morning! I am finally strong and definitely not the same woman he screwed over. He continues to disown our child and I want some penance. Ya, it's been 6 years but he FINALLY CAME BACK TO THE STATES! He has been in China with his "family".

I will let it go eventually. Thanks for the help. When I can join the boys club give me a real answer.

Clear As Mud said:

Obviously, I am in a room full of men. Heaven forbid if you look outside of your own box (no puns intended) and see things from a new perspective.

I was a stay-at-home Mormon housewife for 20 years. I took care of everything-except the finances. I had nothing. I had no money, no credit, no job, nothing...but let me tell you....I could make a mean pot roast!

He left me. I was devastated: mentally, financially and physically (I have crohns and SLE). I was just happy to wake up in the morning! I am finally strong and definitely not the same woman he screwed over. He continues to disown our child and I want some penance. Ya, it's been 6 years but he FINALLY CAME BACK TO THE STATES! He has been in China with his "family".

I will let it go eventually. Thanks for the help. When I can join the boys club give me a real answer.

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None of that has anything to do with the legal answers you've already received.

And, btw, there are more women posting here than men.

mistoffolees said:

None of that has anything to do with the legal answers you've already received.

And, btw, there are more women posting here than men.

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Well, thank you, that is the first sane response I have gotten in this forum. Just scared, backed in a corner and a bit defensive. Obviously there is more to my story...There always is. I am not a vindictive person, hence waiting 6 years, but sometimes Karma needs to have her 15 minutes.

Just looking for advice. <me>

Clear As Mud said:

Obviously, I am in a room full of men. Heaven forbid if you look outside of your own box (no puns intended) and see things from a new perspective.

I was a stay-at-home Mormon housewife for 20 years. I took care of everything-except the finances. I had nothing. I had no money, no credit, no job, nothing...but let me tell you....I could make a mean pot roast!

He left me. I was devastated: mentally, financially and physically (I have crohns and SLE). I was just happy to wake up in the morning! I am finally strong and definitely not the same woman he screwed over. He continues to disown our child and I want some penance. Ya, it's been 6 years but he FINALLY CAME BACK TO THE STATES! He has been in China with his "family".

I will let it go eventually. Thanks for the help. When I can join the boys club give me a real answer.

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As a woman, I find this post really offensive. My advice is to pay a lawyer for help.

Clear As Mud said:

Well, thank you, that is the first sane response I have gotten in this forum. Just scared, backed in a corner and a bit defensive. Obviously there is more to my story...There always is. I am not a vindictive person, hence waiting 6 years, but sometimes Karma needs to have her 15 minutes.

Just looking for advice. <me>

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I gave you some pretty good advice about child support.

stealth2 said:

As a woman, I find this post really offensive.

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As a woman who also suffers from SLE, I find it even more offensive...