QUESTION
Do I have any legal recourse if my spouse hid an addiction from me until we were married?
Asked on Aug 14th, 2012 on Divorce - California
More details to this question:
I married my husband two months ago and since then I have discovered he is a controlling drunk and gets very mean. He has two adopted children that want to live with me because he treats them badly and in their words they "hate him". He makes you live in high temperatures of 100+ and cold temps of 50 to save money, knowing I have asthma and get very sic. What can I do? I want out and would love to have the kids, ages 15 and 16.
6 ANSWERS
Civil Litigation Attorney serving San Diego, CA
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Gerald W. Hokstad
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The legal recourse is to get out of the marriage by divorce. You can file an action for custody of the children along with the divorce. Getting custody will be more difficult as you were only married two months and will have some difficulty qualifying for a form of parental status. You will definitely need an attorney to help you win custody of the children.
Answered on Aug 15th, 2012 at 4:04 PM
You should have a frank discussion with a family law attorney to see if annullment is appropriate for you. If not, then you can file for dissolution. You should also discuss whether you can get guardianship of the children.
Answered on Aug 15th, 2012 at 4:04 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can file for divorce to get out of the marriage (or perhaps an annulment but that would be difficult). As for getting the children, it may be possible to get guardianship of them, but since they are not children of the marriage, you cannot obtain custody through a divorce proceeding.
Answered on Aug 15th, 2012 at 4:03 PM
You will have a very difficult time getting a judge to believe that your husband became a drunk within two months of getting married. However, if you can prove it, you can have your marriage voided on the grounds of fraud. Good luck
Answered on Aug 15th, 2012 at 4:03 PM
You can get out. Yes, hiding an addiction is probably grounds for an annulment. Regardless, you can get a dissolution of marriage regardless. The children wanting to live you is not enough. You, or anyone else, can get custody of children only if both legal parents are unfit. Being a drunk is bad, being a cheapskate is bad, but whether he is unfit is a quantum leap from bad. You can try for a guardianship and see what the court says. In the meantime, your only choices are stay or go (or get a restraining order if he is threatening or abusing you).
Answered on Aug 15th, 2012 at 4:03 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You cannot get custody of the children without his and the children's mother's permission. You could file for divorce and annulment due to fraud. That is tough to prove so if the judge does not accept the annulment you can go with the divorce and not pay a second filing fee.
Answered on Aug 15th, 2012 at 4:02 PM