Bigamy


#1

An answer to the issues in your specific case would require more extensive research into the issue. However, based on my general legal knowledge my opinion is; if you believed your marriage was valid and you were not a party to any wrongdoing, then it is likely you will be able to make a claim for the division of the property acquired during the marriage. Your claim for child support will not be affected. I could not tell you if you would have a claim for alimony without further research. I definitely think you should meet with an attorney because I do not think all hope is lost for you with regards to marital property.

Custody would not be affected by your marital status. Custody will be decided based on what you both agree to, if you cannot agree, it would be decided based on the best interests of the children. If you have been the primary caretaker of your children and they are well cared for, it is unlikely a court would decide that you would no longer be their primary caretaker.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you for responding.

I am confident I will remain the primary caretaker of our children. I just hope he is not given the right to take them out of the USA for a “vacation”.

Even if I could make a claim for the division of property acquired during the 12+ years of “marriage”, there isn’t much left except for the house. Maybe he took out loans against the house without telling me. I’m not sure yet. The house is in both of our names. Over the past several years, he sold all of the stocks, 401K plan, and other assets worth at least a couple of million dollars without my knowledge. I did not know that was all gone until late 2006. There were tax issues I was unaware of, too. I’m still unaware of the entire financial picture partly because he won’t give me useful information, partly because I don’t know how, and partly because I’m too emotionally and physically drained to act right this minute.

He acquired a $100K+ credit card debt I was unaware of until several months ago. He had to sell major assets in order to pay those off.

He has more than one checking account, but I can’t prove it.

I just found out he borrowed money from at least one friend.

From 1995 - October 2006, I thought I was married to a financially responsible man.

From 1995 - June 2007, I thought I was married to this man.

Right now, I know I live with a financially irresponsible bigamist who claims a CA divorce is in progress.

I want to leave the house with the kids to go visit my Mom in FL, but I’m afraid he will sell the assets in the house while I’m away. So, for now, I stay here. But, so does he.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]An answer to the issues in your specific case would require more extensive research into the issue. However, based on my general legal knowledge my opinion is; if you believed your marriage was valid and you were not a party to any wrongdoing, then it is likely you will be able to make a claim for the division of the property acquired during the marriage. Your claim for child support will not be affected. I could not tell you if you would have a claim for alimony without further research. I definitely think you should meet with an attorney because I do not think all hope is lost for you with regards to marital property.

Custody would not be affected by your marital status. Custody will be decided based on what you both agree to, if you cannot agree, it would be decided based on the best interests of the children. If you have been the primary caretaker of your children and they are well cared for, it is unlikely a court would decide that you would no longer be their primary caretaker.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#3

I thought I married the father of my two children in late 1995 when I was pregnant with our first child. We were married in Nevada. I have been a “home maker” for the last 12 years I don’t have any of my own money.

A series of events (including selling a lot of stocks without my knowledge - stocks that were supposed to be diversified for retirement) in late 2006 occurred which prompted me to ask for final divorce papers from him. He kept saying he would give them to me, but he never did. Last month, my Mom helped me locate papers which were filed in California in 1992. However, the divorce was not completed at that time. Their child was about one years old at the time of the filing. He has been paying child support since that time. His estranged son will be 18 years old in June, 2008.

He recently admitted that the bigamy situation (he calls it - “not filing for the divorce in a timely manner”) came to his attention in 2000 while he was filing Naturalization papers in order to become a US citizen. He said he kept quiet about it because he didn’t want to “rock the boat”.

He said that he had a lawyer in CA file papers for a divorce last month. He is requesting a retroactive divorce - nunc pro tunc. I’m sure he did not tell them that he knew about the situation for years.

I am unable to get in touch with his wife. He gives me phone numbers that end up in voice mail. He won’t give me accurate information about the lawyer that is working on this. He won’t give me accurate information about anything. I think he is lying about filing, but I can’t prove it.

I think the only asset that is legally mine is half the house we live in. My name is on the deed as one of two owners.

He has a very good job. Unfortunately, I don’t have a job. I’m in my mid-40’s and don’t have any real job skills. I have 2 children. He makes veiled threats about how he can get custody of them or how he can get at least shared custody and that during his share, he can take them out of the country to see his relatives.

I know I need a lawyer. I’ll get one as soon as I stop being scared long enough to stop crying so I am able to talk to one without breaking down every 5 seconds.