QUESTION
What will happen to a marriage to the same person twice?
Asked on Nov 10th, 2013 on Divorce - California
More details to this question:
My husband and I secretly got married in Las Vegas two years prior to our California wedding. In both instances we filed court papers. I honestly can't remembered if we revealed the secret on our California license. We have always resided in California. Now that we are getting a divorce and have assets and children in California which license is legit? Will this affect his/my ability to collect child/spousal support or divide up debt we acquired? Will divorce papers need to be filed in both states?
5 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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If you followed through with your Nevada paperwork and actually got married in Nevada, then that is your date of marriage. The wedding in California was not a marriage . . . more like a renewal of your vows. You only need one divorce, and it must take place where you live (not where you got married). The "community" for community property purposes began as of the date of your Nevada marriage. You need to sit down for a consultation with a California attorney to understand your rights and responsibilities and how the court system works.
Answered on Nov 14th, 2013 at 5:44 AM
This happens all the time; there is no secret, and no real mystery. If the first marriage was legitimate (both of you were adults, you got a license, and you had a ceremonial marriage) the second marriage ceremony is simply irrelevant, and the date of the first marriage is the only one that counts; it can be dissolved by any court with jurisdiction over the two of you.
Answered on Nov 14th, 2013 at 5:35 AM
Technically only the first license is legitimate for legal purposes.
Answered on Nov 12th, 2013 at 2:56 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Both marriages sound like they were legal. I believe the length of the marriage should start with the first marriage. You only need to file for dissolution in CA. The fact that there were two marriages should not affect the division of property, other than to add two years to the length of the marriage.
Answered on Nov 12th, 2013 at 12:26 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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File in California. You should use the NV Dom since it was earlier and you may be entitled to more assets.
Answered on Nov 12th, 2013 at 12:26 PM