QUESTION
How long does my wife have to be gone before the state grants me a divorce?
Asked on Apr 17th, 2013 on Divorce - Michigan
More details to this question:
I discovered on 2 Jun 2011 that my wife was married to another man when were married on 28 Oct 1986. She abandon/left deserted me on 23 July 2011 leaving me with all the bills/mortgages etc. When can the state grant me a divorce?
4 ANSWERS
California does not require that you wait prior to filing for dissolution. You can proceed immediately after you separate.
Answered on Apr 17th, 2013 at 9:57 PM
If your wife was legally married to another man you married her, then you can get your divorce annulled instead of a divorce. However, you will have to be the one to file for the annulment based on the fact that the marriage was void due to her still being married to another man when the two of you were married.
Answered on Apr 17th, 2013 at 9:22 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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It appears as through her second "marriage" is invalid, because she was still married to you and couldn't legally marry another person. In California, there is a mandatory six month waiting period before a divorce is granted. The six months has nothing to do with the separation date, it only begins to run after one party has filed the divorce case with the court AND had the other party served with those parents. The six months mandatory waiting period does not mean your divorce is automatically granted on that date, you must either have reached your trial date or file a settlement agreement in order to have the divorce finalized.
Answered on Apr 17th, 2013 at 9:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it appears your marriage was bigamous and therefore VOID. It was a criminal act for her.
Answered on Apr 17th, 2013 at 8:59 PM