What is the name of your state (only U.S. law)? California
Okay, yes I am already familiar with Palimony, after all I live in the state where it all started. I am a student of the law, so this question is more for the advanced. Quick synopsis as this is a real case involving my sister.
Quick Facts
Prenuptial Agreement and Cohabitation agreement exists which precludes either from getting spousal support, it was well written so Im not really all that concerned about its inforceability since it was witnessed etc.
There was an application for Marriage between the two parties however, there is no witness, no soleminization, nada. California has no record of them ever being married.
They have held themselves out as husband and wife.
It was discovered that Husband is in fact an illegal alien and his only purpose of marriage was to gain citizenship. He has two past failed marriages which he lied on application about, (yes I am familiar with the case precedent in Dougles V Dougles as well as the Marriage of Meager... In addition he concealed the fact that he had two separate Domestic Violence Restraining orders against himself, My sister currently has filed a restraining order against him for indeed domestic violence.
Currently, they have no children, no comingled property, no property whatsoever together. However, my sister has an inheritance which she uses as monthly income, it was gained before even meeting the husband or whatever we want to call him.
He filed as a petitioner to dissolve the marriage asking for 4000 grand in support and 50% of all property which is not his and precluded in prenupt
a response is now needed, but the question is should i move to annul, enforce the prenuptial which precludes him from getting anything, or response with a motion for summary judgement or dismissal... I am very confused and I havent been able to find any case precedent. Obviously, he entered the contract with unclean hands but it goes both ways. Should I demurr all facts and move for dismissal on standing or should I contend he has standing and move to enforce the prenupt?
Please no "get a lawyer" I know this, which is why I am trying to do all the legal case research and pleadings to get a lawyer merely to appear on a limited scope basis. Whats the best thing to do?
Okay, yes I am already familiar with Palimony, after all I live in the state where it all started. I am a student of the law, so this question is more for the advanced. Quick synopsis as this is a real case involving my sister.
Quick Facts
Prenuptial Agreement and Cohabitation agreement exists which precludes either from getting spousal support, it was well written so Im not really all that concerned about its inforceability since it was witnessed etc.
There was an application for Marriage between the two parties however, there is no witness, no soleminization, nada. California has no record of them ever being married.
They have held themselves out as husband and wife.
It was discovered that Husband is in fact an illegal alien and his only purpose of marriage was to gain citizenship. He has two past failed marriages which he lied on application about, (yes I am familiar with the case precedent in Dougles V Dougles as well as the Marriage of Meager... In addition he concealed the fact that he had two separate Domestic Violence Restraining orders against himself, My sister currently has filed a restraining order against him for indeed domestic violence.
Currently, they have no children, no comingled property, no property whatsoever together. However, my sister has an inheritance which she uses as monthly income, it was gained before even meeting the husband or whatever we want to call him.
He filed as a petitioner to dissolve the marriage asking for 4000 grand in support and 50% of all property which is not his and precluded in prenupt
a response is now needed, but the question is should i move to annul, enforce the prenuptial which precludes him from getting anything, or response with a motion for summary judgement or dismissal... I am very confused and I havent been able to find any case precedent. Obviously, he entered the contract with unclean hands but it goes both ways. Should I demurr all facts and move for dismissal on standing or should I contend he has standing and move to enforce the prenupt?
Please no "get a lawyer" I know this, which is why I am trying to do all the legal case research and pleadings to get a lawyer merely to appear on a limited scope basis. Whats the best thing to do?
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