Marriage didn't void before

[luisaluisaflores97]

What is the name of your state?
California, my husband and I found after roughly 3 years of marriage that "our" marriage had never been legally void "before". After my attorney's statement that our marriage was null and void, "we continued to live together".

And now we are parting, I'm not sure whether we need a formal divorce or whether this is a common-law marriage. We have three children and are concerned about child support. Property division isn't an issue. What is the best way to tackle this situation?

 

[quincy]

What is the name of your state?
California, my husband and I found after roughly 3 years of marriage that "our" marriage had never been legally void "before". After my attorney's statement that our marriage was null and void, "we continued to live together".

And now we are parting, I'm not sure whether we need a formal divorce or whether this is a common-law marriage. We have three children and are concerned about child support. Property division isn't an issue. What is the best way to tackle this situation?

You and your husband/partner should each hire your own attorneys.

 

[LdiJ]

What is the name of your state?
California, my husband and I found after roughly 3 years of marriage that "our" marriage had never been legally void "before". After my attorney's statement that our marriage was null and void, "we continued to live together".

And now we are parting, I'm not sure whether we need a formal divorce or whether this is a common-law marriage. We have three children and are concerned about child support. Property division isn't an issue. What is the best way to tackle this situation?

Why did your attorney state that your marriage was null and void? The previous poster is right, you both need to consult separate attorneys. The law in CA doesn't differentiate between a married or unmarried couple when it comes to child support, but there are other issues that you will want to cover. You may need to divorce anyway to ensure that any future marriages for either of you are valid under the law.

 

[Zigner]

What is the name of your state?
California, ... or whether this is a common-law marriage.

A common-law marriage cannot be formed in California.

 

[LdiJ]

A common-law marriage cannot be formed in California.

I agree. However there is a difference between a truly void marriage and a voidable marriage. Sometimes even with a truly void marriage that "rubber stamp" from a judge just makes life easier in the long term.

 

[adjusterjack]

I found

How did you find?

Did you check court records for your names?

If not, please do so as the first step.

You'll still need lawyers.

 

[Zigner]

I agree. However there is a difference between a truly void marriage and a voidable marriage. Sometimes even with a truly void marriage that "rubber stamp" from a judge just makes life easier in the long term.

No "however" needed I agree with what you are saying and was simply addressing a point that nobody else had addressed.

 

[zddoodah]

my husband and I found after roughly 3 years of marriage that "our" marriage had never been legally void "before".

Before what? And why do you have the words "our" and "before" in quotation marks? What exactly is your point? Most marriages are not void.

After my attorney's statement that our marriage was null and void, "we continued to live together".

Again with the odd use of quotation marks. If, as you explained in the first sentence, your marriage was not legally void, why did your attorney state that it was? And why do you have an attorney? Are you seeking an annulment (or divorce)?

I'm not sure whether we need a formal divorce or whether this is a common-law marriage.

California hasn't allowed the formation of common law marriages since the 19th century, so you don't have one.

We have three children and are concerned about child support. Property division isn't an issue. What is the best way to tackle this situation?

Confer with your attorney.