Anullment ?

[Ohiogal]

OP apparently resides in Russia. This is a Russian law question, not a US law question.

Russia is part of Europe?

 

[LdiJ]

Well, in North Carolina a bigamous marriage is AB INITIO VOID. You are NOT married. Unfortunately, you'll probably want some documentation of that.
Annullment is not "complicated" nor harder than divorce in NC if you qualify. Bigamous marriages are the EASIEST (even after kids are born) to be annulled. All you show is that the person was already married and the court will show that the marriage is ALREADY void.

As stated, the problem is that NC requires that you reside there for six months before you can avail yourself of the court there.

The problem with that is that the wife had a divorce certificate that she used when she got her green card. The only proof that the OP has is that he cannot find a divorce record on his own. He is claiming that her divorce certificate is not valid, but who is going to be the expert witness in NC to verify that it's not valid?

 

[Zigner]

Russia is part of Europe?

Partially - but why does it matter?

ETA:
Great googley moogley! Ok, replace "Russia" with "Europe" in my earlier post

 

[therunningman]

Well, in North Carolina a bigamous marriage is AB INITIO VOID. You are NOT married. Unfortunately, you'll probably want some documentation of that.
Annullment is not "complicated" nor harder than divorce in NC if you qualify. Bigamous marriages are the EASIEST (even after kids are born) to be annulled. All you show is that the person was already married and the court will show that the marriage is ALREADY void.

As stated, the problem is that NC requires that you reside there for six months before you can avail yourself of the court there.

Thanks FlyingRon, That makes sense and the AB INITIO VOID part is what the EU lawyers were talking
about. I am in the EU, not Russia. To obtain residence in NC for 6 months is not going to be easy. It would be more realistic to obtain California residence. I have heard that 6 weeks is required for Las Vegas, but I am not sure if the annulment could be obtained from there.

 

[LdiJ]

Thanks FlyingRon, That makes sense and the AB INITIO VOID part is what the EU lawyers were talking
about. I am in the EU, not Russia. To obtain residence in NC for 6 months is not going to be easy. It would be more realistic to obtain California residence. I have heard that 6 weeks is required for Las Vegas, but I am not sure if the annulment could be obtained from there.

Again, the burden of proof would be on you to prove that she is not divorced. If she produces a divorce certificate and you cannot prove it invalid, then you are dead in the water. Also, if you want NC laws to apply, you have to be a resident of NC for six months.

 

[Zigner]

If she was married at the time you got "married" in NC, then you are not married to the new wife. The marriage is VOID. No annulment would be required as you were never married to her. The problem is going to be getting your country to recognize this.

 

[therunningman]

The problem with that is that the wife had a divorce certificate that she used when she got her green card. The only proof that the OP has is that he cannot find a divorce record on his own. He is claiming that her divorce certificate is not valid, but who is going to be the expert witness in NC to verify that it's not valid?

ThanksLdiJ, the russian lawyer is saying he can have the certificate Apostilled and translated from the Russian court with the validity dates of the marriage. My question is, is that sufficient documentation or do I need more documentation ?

 

[Zigner]

ThanksLdiJ, the russian lawyer is saying he can have the certificate Apostilled and translated from the Russian court with the validity dates of the marriage. My question is, is that sufficient documentation or do I need more documentation ?

That's proof that she's married. Not that she wasn't divorced. She has a document showing she was divorced. How do you intend to prove she wasn't?

 

[FlyingRon]

OP apparently resides in Russia. This is a Russian law question, not a US law question.

He engaged in a bigamous marriage in North Carolina. That marriage is void. He is NOT married. That is a point of US law.

How to convince the Russians that he is indeed not married, is indeed not a point of US law.

 

[Ohiogal]

He engaged in a bigamous marriage in North Carolina. That marriage is void. He is NOT married. That is a point of US law.

How to convince the Russians that he is indeed not married, is indeed not a point of US law.

UNLESS of course she was divorced in the US. Then he is indeed married -- whether Russia recognizes the divorce or not. Though they don't live in Russia now. And my head hurts.

 

[therunningman]

That's proof that she's married. Not that she wasn't divorced. She has a document showing she was divorced. How do you intend to prove she wasn't?

That is a good question.
The Russian lawyer that was hired initially to find the other man she is still married to said that while researching
The court house records he discovered there is no divorce registered for her at the courthouse and Russian law does not
Recognize it if is not registered. So according to him, she is still married in Russia and was also at the time she married me in N.C.

 

[Ohiogal]

That is a good question.
The Russian lawyer that was hired initially to find the other man she is still married to said that while researching
The court house records he discovered there is no divorce registered for her at the courthouse and Russian law does not
Recognize it if is not registered. So according to him, she is still married in Russia and was also at the time she married me in N.C.

NOT necessarily. Just because Russia doesn't recognize the divorce doesn't mean NC didn't recognize the divorce.

 

[Zigner]

He engaged in a bigamous marriage in North Carolina. That marriage is void. He is NOT married. That is a point of US law.

How to convince the Russians that he is indeed not married, is indeed not a point of US law.

He *may have* engaged in a bigamous marriage. Yet another wrinkle...

 

[single317dad]

He engaged in a bigamous marriage in North Carolina. That marriage is void. He is NOT married. That is a point of US law.

How to convince the Russians that he is indeed not married, is indeed not a point of US law.

Indeed it is not, but I think the process starts in North Carolina.





There's an "In Soviet Russia..." joke in here somewhere.

 

[Bali Hai]

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

I married a woman from Russia in 2002 in North Carolina.
Recently I found out that she was married to another man in Russia when she married me in 2002.

We have two children and now live out of state.
Which documents are needed for an anullment ?

Check into Guam divorces.