annulment? on technicality

[cwardle]

What is the name of your state? Nevada
Husband filed, "grounds of annulment" for bigamy preventing me to gain equity? This is a techniacality having only 6 days of overlap from marriage & divorce decree signed by a judge. 9 yrs. marriage, 8 yr. old child. Can I/should I challenge? I signed & notorized divorce papers with 1st husband May 2,97. Married current husband on May 10,97. Judge didn't sign divorce decree til May 16, 97. I didn't know judge had to sign to be official until now. My current husbands attempt to to escape liability of community property may succeed. Prior divorce was legally initiated 9 months prior. I was living apart from prior husband 9 months prior to judge's signature on divorce decree. Current husband & I met Jan. 97, I broke my femur bone, had surgery & while unable to walk, current husband moved my apartments entire content into his house. He verbally conveyed his desire to have a daughter, having 3 sons from prior marraige. He knew I wasn't on birth control. I became pregnat while recouperating. We married. I worked majority of time living with him. Paid taxes together as "married/joint". Because of techicality, I may lose all my rights to community property. Should I have attorney challenge? How stringent are the laws concerning this? [email protected]What is the name of your state?

 

[ILOVEMYGSM3]

i'd have to say you need an atty...most states need a judge to sign divorce decrees(i'm actually positive all states do), and some even have waiting periods between divorce and new marriages(rarely, but sometimes)...but i thought some states consider bigamy a crime? just asking, b/c i'd think the court would say something about it...

 

[Ohiogal]

What is the name of your state? Nevada
Husband filed, "grounds of annulment" for bigamy preventing me to gain equity? This is a techniacality having only 6 days of overlap from marriage & divorce decree signed by a judge. 9 yrs. marriage, 8 yr. old child. Can I/should I challenge? I signed & notorized divorce papers with 1st husband May 2,97. Married current husband on May 10,97. Judge didn't sign divorce decree til May 16, 97.

Guess what? YOu are a bigamist. Which means you broke the law. its quite simple.

I didn't know judge had to sign to be official until now.

Ignorance of the law is NOT an excuse.


My current husbands attempt to to escape liability of community property may succeed. Prior divorce was legally initiated 9 months prior. I was living apart from prior husband 9 months prior to judge's signature on divorce decree.

So?

Current husband & I met Jan. 97,

Ok

I broke my femur bone, had surgery & while unable to walk, current husband moved my apartments entire content into his house.

He broke into your apartment and did this without your consent or you wanted him too?

He verbally conveyed his desire to have a daughter, having 3 sons from prior marraige.

That is nice. I can verbally convey my desire to win a million dollars but it does not matter.


He knew I wasn't on birth control.

As did you.

I became pregnat while recouperating.

So? That doesn't change anything.

We married.

You were unable to marry as you were still legally married. It is not a technality -- it is a fact.

I worked majority of time living with him.

That is good.

Paid taxes together as "married/joint". Because of techicality, I may lose all my rights to community property.

Well you see, you broke the law.

Should I have attorney challenge? How stringent are the laws concerning this? [email protected]What is the name of your state?

YOu can have an attorney challenge but you still were a bigamist. You broke the law. The laws are there for a reason. Talk to an attorney but prepare for your husband to walk away with an annulment. Did he know the details of all these dates? when did he find out?

 

[cwardle]

annulment laws can be unjust

It's hard for me to believe the laws could be so cut & dry. It's very apparent that no fraud was intended. Yes, ignorance is no excuse. I may be ignorant in believing that our justice system is supposed to be just. I had been physically, & emotionally tormented by this so called father of my child and now financial abuse? With the assistance of the courts. With no money, what attorney would even want to be bothered helping me. He'll probably win custody of my daughter simply because he's financially more able. He's already on his 2nd live-in girlfriec with kids since I moved out. It's hard for me to comprehend that a person can get by with this type of behaviour in front of a child and yet because of a 6 day overlap, I'd lose everything including my daughter.

 

[Ohiogal]

It's hard for me to believe the laws could be so cut & dry. It's very apparent that no fraud was intended. Yes, ignorance is no excuse. I may be ignorant in believing that our justice system is supposed to be just. I had been physically, & emotionally tormented by this so called father of my child and now financial abuse? With the assistance of the courts. With no money, what attorney would even want to be bothered helping me. He'll probably win custody of my daughter simply because he's financially more able. He's already on his 2nd live-in girlfriec with kids since I moved out. It's hard for me to comprehend that a person can get by with this type of behaviour in front of a child and yet because of a 6 day overlap, I'd lose everything including my daughter.

Have you filed any papers with the court? Who was given temporary custody of the children? Why? You need to get a job. You need to work and support yourself. You do not lose custody of the children because you had a six day overlap. And people are not awarded custody based strictly on finances -- child support is used to even things out like that.