Legally Married?

[rmet4nzkx]

These are additional facts.
Not knowing the ammount of "community property debt" More than likely what you would give up in future pension and suvivor rights would be much greater than would be cancelled debt against you if the marriage were ruled void.

Also, since you now have knowledge of the error and how to resolve it, there could possibly be other fraud charges in addition to bigamy. Here are the references to bigamy on the California codes: http://www.leginfo.ca.gov/calaw.html
1. EVIDENCE CODE SECTION 980-987
2. PENAL CODE SECTION 281-294
3. EVIDENCE CODE SECTION 970-973
4. PENAL CODE SECTION 777-795

I suggest you contact the family law facilitators office on Monday morning for assistance with the Nunc Pro Tunc. I provided a link in previous post.

Then order a credit report for yourself.

Look in your records for all your debts, including mortgage and make a list, contact each one and find out it you are joint, authorized user, or entirely in your name, compare this with what you get back on the credit report. You may be surprized at what you find. You may want to apply for credit in your own name. You may be able to have your name taken off accounts where you are authorized user, and have that reported to the credit reporting companies. If you pay the bills you may want to make sure the joint ones are paid on time and if paid off, paid off first. You are responsible for ones in your own name so don't go putting things on your cards that are his purchases.

If you own a home, check the recorders and assessors offices records.

 

[seniorjudge]

Palimony and marriage are both contracts.

Palimony is based on regular contract law. You promised me this, I acted on your promise, now I want my share.

Marriage is a legally-sanctioned relationship that has rules for when you break up.

(Obviously, this is an extremely brief explanation. Your legal advisers can give you more info.)

 

[Theresalee]

So I can have a palimony suit for anything I think is mine such as his retirement. Does that fall under palimony?
Most bills are under his name but some are joint as well... We do not own a home... we have one vehicle b/c he has one he was given to use for work...but the vehicle we have is in his name....
I will try the pro tunc nunc I think thats how you say it,, I did write it all down somewhere... Thanks for the help...

 

[seniorjudge]

So I can have a palimony suit for anything I think is mine such as his retirement. Does that fall under palimony?
Most bills are under his name but some are joint as well... We do not own a home... we have one vehicle b/c he has one he was given to use for work...but the vehicle we have is in his name....
I will try the pro tunc nunc I think thats how you say it,, I did write it all down somewhere... Thanks for the help...

You can sue anyone for anything at anytime anywhere; whether you will win or not is something I couldn't even begin to guess.

 

[rmet4nzkx]

I'm placing this from your new thread here because the inforamtion from your existing thread was needed to answer your most recent question.

Have you contacted the Family law facilitator yet to correct the error? That is what you need to do, do that today and update us after you contact them.

Theresalee What is the name of your state? CA
I asked you guys earlier about California being a common law state and you said NO... I was married to my now husband 5 days before my divorce to my first husband was final. I told him I thought if we left it this way with out getting or filing for the pro tunc nunc (I think I'm close) that if anything were to happen to our marriage or if he were hurt naming his wife for Insurance purposes (he works for fire dept) I would be in trouble.. If we were to part I told him I wouldn't get anything from him such as retirement, alimony etc...
He says that is B.S b/c of what that attorney told me, which was we were common law being together for 20 years... Is there something I can find on the net to show him you are correct? Like a web site that you know of?
I am temp. disabled right now so I worry, that I will be on the streets if something were to happen between us.. We are not thinking divorce but the matter has come up before.. I would rather be prepared then be homeless.....
Thanks Theresa....
I AM ALWAYS LIABLE
Quote:
Originally Posted by Theresalee
What is the name of your state? CA
I asked you guys earlier about California being a common law state and you said NO... I was married to my now husband 5 days before my divorce to my first husband was final. I told him I thought if we left it this way with out getting or filing for the pro tunc nunc (I think I'm close) that if anything were to happen to our marriage or if he were hurt naming his wife for Insurance purposes (he works for fire dept) I would be in trouble.. If we were to part I told him I wouldn't get anything from him such as retirement, alimony etc...
He says that is B.S b/c of what that attorney told me, which was we were common law being together for 20 years... Is there something I can find on the net to show him you are correct? Like a web site that you know of?
I am temp. disabled right now so I worry, that I will be on the streets if something were to happen between us.. We are not thinking divorce but the matter has come up before.. I would rather be prepared then be homeless.....
Thanks Theresa....

My response:

California law does not recognize the concept of "common law marriage": A valid marriage cannot be created in California solely by the parties' consent or mere cohabitation. [Ca Fam § 300; Norman v. Norman (1898) 121 Cal. 620, 628, 54 P 143, 145-146; Centinela Hosp. Med. Center v. Super.Ct. (Willis) (1989) 215 Cal.App.3d 971, 975, 263 Cal.Rptr. 672, 674]

Family Code property and support rights and remedies are predicated on the existence of a valid marriage or, if an invalid marriage, "putative spouse" status. Moreover, simply living together as husband and wife cannot give rise to a "marriage" under California law; the concept of "common law marriage" has long been abolished in California. [Maglica v. Maglica (1998) 66 Cal.App.4th 442, 448, 78 Cal.Rptr.2d 101, 103]

Consequently, nonmarital cohabitation does not itself give the parties any property interests or support rights cognizable under the Family Code; and, unless either party can prove he or she is an "actual" or "putative" spouse of the relationship, any rights arising from the relationship cannot be adjudicated in a Family Code marital status action. [Marvin v. Marvin (1976) 18 Cal.3d 660, 679-681, 134 Cal.Rptr. 815, 828-829, & fns. 17, 18 & 19; Schafer v. Super.Ct. (Christopher) (1986) 180 Cal.App.3d 305, 309, 225 Cal.Rptr. 513, 515]
IAAL

Theresalee Thank You I will print this out and show it!!!!! and Thanks for not being mean too !!! Theresa

My response:

Yes, but you're also not married. Your marriage is invalid. Remember, you said, "I was married to my now husband 5 days before my divorce to my first husband was final."

You can't even claim "putative spouse" status because you knew, at the time you said "I do", that your Dissolution wasn't "final". So, you're pretty much screwed.

IAAL

There was an error in the dates on her final decree, she entered into marriage without knowledge of the error and only recently discovered the error. This is in her other thread where I have posted this response.

Theresa, it is best to put the additional question on your existing thread so all the facts are available.

 

[Theresalee]

o.k no problem, I will add to my existing posts...
It is also correct that I just found out b/c i saw it getting papers together for Social security... But until the nunc pro tunc i guess we are not legally married right?
I will give you an update as soon as i know, I have to make the phone call since were the divorce and them marriage are about 9 hours away... Maybe by mail ???? I will figure it out.. Thanks, Terri

 

[Theresalee]

Hello,
I made the phone call to the court house. I thought it would be a good idea to get the final decree of the divorce to make sure it matches mine or has the same date... I also asked this clerk if she could direct me to someone who could help me obtain the paper work to file the Nunc pro tunc... she said there wasn't anyone? Meaning i would have to drive 10 or more house to that court house and sit in the family law faciitators office to be called for help?
Do you guys know ways to get someone on the phone or maybe on the internet? I figure nothing could be filed this way but i just want to know how to start and maybe make an appointment since this clerk said they don't take any... I can not afford an attorney.. Thanks...

 

[rmet4nzkx]

You can request in writing a copy of the final decree from the county in which the divorce took place, you don't have to drive there.

Please answer these questions.

In which county did your divorce take place?

In which county do you now reside?

Here is a link to all the courts and forms for the entire state: http://www.courtinfo.ca.gov/courts/trial/courtlist.htm

You can go to your local family law facilitator's office, in your county, they can assist you in preparing the papers, then, you can send them USPS to the court in the county where the divorce took place, you do not have to go there in person. If there is a hearing or other communication, that can be done by phone. You will still have to serve the amended decree according to instruction, there is no need to drive 10 hours.

 

[Theresalee]

Thank You so much!!! You just saved me a lot of money.. !!!

 

[seniorjudge]

Thank You so much!!! You just saved me a lot of money.. !!!

Make the check out to seniorjudge and rmet4nzkx

 

[rmet4nzkx]

Make the check out to seniorjudge and rmet4nzkx

Your Honor! Can we do that? Is that enough? Maybe she should name her first born after us?

Theresa, keep us updated and don't forget when you request the copy of the existing decree that you find out the cost of copies and also provide SASE

 

[seniorjudge]

SASE means self-addressed stamped envelope.

My postmistress tells me there are people coming in the post office asking, "Do you sell self-addressed stamped envelopes?"

 

[rmet4nzkx]

SASE means self-addressed stamped envelope.

My postmistress tells me there are people coming in the post office asking, "Do you sell self-addressed stamped envelopes?"

Actually they do. They sell stamped envelopes and if you are unable to address it for reasons of disability, the clerk will address it for you as an ADA accommodation.

 

[rmet4nzkx]

You have 5 threads related to this and not giving the accurate facts it is important to keep it all together. Also what is the nature of your disability, that may have some bearing.
https://forum.freeadvice.com/showthread.php?t=219357 https://forum.freeadvice.com/showthread.php?t=222419 https://forum.freeadvice.com/showthread.php?t=223311 https://forum.freeadvice.com/showthread.php?t=223456

 

[stealth2]

I have to agree, rmet. I just finished reading through those threads and get the distinct feeling of being taken for a ride.