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Never legally married!
- Thread starter crystaltoo
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RE; to crystaltoo
Hello, I live in CA too,
I believe your problem is with the IRS. We had the same situation happen w/my huz s EX. But shes a freak she even tried to use his SS# years later on an application. So freeze both of your CREDIT REPORTS before she gets to his too.
Anyways, We had to prove to the IRS he was no longer married and the court order to say the child is 50/50 for tax dedution. In your case maybe you could go to the Court that "claims" there is no record and have them sign a document of facts. Dont tell her your doing it then send it to the IRS, But they will see shes/they been lying for years and it will fall back on both parties. Still that might get her off your back, maybe?
I cant stand the Justice system in this state and ARNOLD isnt helping any! sorry fans, but he isnt.
One thing to think about ...15 years ago MOST people didnt live together,they did get married. It might be a big story from him, not sure but I do believe you can seek other courts for info. OR go see 3 differnt lawyers for this question (lots of them take one free consultation, some by phone) then if they all say the same thing ...then there is the answer. write down all the questions and ask the same ones to all. I did this without my husband present, it worked for me. You stated in you post that "NOW" shes filing him on her taxs??What did he file on his tax -lets say- before you two married after they"divorced"? can you find that out? does he have any past tax records? Do some investigation yourself. Good luck on this one!R
Hello, I live in CA too,
I believe your problem is with the IRS. We had the same situation happen w/my huz s EX. But shes a freak she even tried to use his SS# years later on an application. So freeze both of your CREDIT REPORTS before she gets to his too.
Anyways, We had to prove to the IRS he was no longer married and the court order to say the child is 50/50 for tax dedution. In your case maybe you could go to the Court that "claims" there is no record and have them sign a document of facts. Dont tell her your doing it then send it to the IRS, But they will see shes/they been lying for years and it will fall back on both parties. Still that might get her off your back, maybe?
I cant stand the Justice system in this state and ARNOLD isnt helping any! sorry fans, but he isnt.
One thing to think about ...15 years ago MOST people didnt live together,they did get married. It might be a big story from him, not sure but I do believe you can seek other courts for info. OR go see 3 differnt lawyers for this question (lots of them take one free consultation, some by phone) then if they all say the same thing ...then there is the answer. write down all the questions and ask the same ones to all. I did this without my husband present, it worked for me. You stated in you post that "NOW" shes filing him on her taxs??What did he file on his tax -lets say- before you two married after they"divorced"? can you find that out? does he have any past tax records? Do some investigation yourself. Good luck on this one!R
None of this is relevant to the facts in this case. Her "husband" admits that he was married, can't remember the date though and that they married at the courthouse, he has excuses for why he didn't get a divorce and hasn't taken the proper recourse to correct the error fro the missing license/marriage certificate. Her "husband" is a bigamist and his ex is doing nothing wrong. He needs to file a Nunc pro Tunc for the missing document and then get a divorce. The only relevant portion to your post was the fact that this is an IRS problem, they just love bigamists.1roper4me said:
This is not a support group. The questions were re California law, for which I gave advice based on the facts OP provided. That is not opinion. I just walked someone through straightening out another situation where there was an error in records, which was corrected by Nunc pro Tunc, which is found in Ca. Statutes, again, law not opinion.1roper4me said:Okay since your "positive he is" I guess she should take only your advice and your opinion on her husband....She is welcome to email me if she needs SUPPORT!!!Id be glad to help in anyway I can without judgment!
OP admits her husband was married at the courthouse but doesn't remember the date, he never got a divorce, so he is still married and therefore a bigamist. He needs to remember when he got married, if he can't find the records, then he needs to file Nunc pro Tunc, then file for divocrce and then get married if she really want's to be married to someone who doesn't bother to get a divorce before getting married, also there may be other Mrs. out there.
crystaltoo
Junior Member
Thank you for the defense! I wasn't going to dignify that allegation with a response! I have been fully aware of every action my husband has taken, privy to every conversation with the "ex" and anyone else involved including the State of California and the county the marriage allegedly took place. I have done all the homework myself. My husband hasn't tried to pull the wool over my eyes in any way whatsoever.
Thank you for your offer for support. As no one seems to picked up on, my concern is with the IRS not whether my marriage is valid or not. I am comfortable and have done additional legal work I haven't mentioned just in case something is ever contested. We have an attorney that has walked us through everything. Yes, there could be issues. I don't deny that. But, if anyone checks with the legal State records they will find only one marriage license for my husband. That satisfies me for the time being.
Thank you for your offer for support. As no one seems to picked up on, my concern is with the IRS not whether my marriage is valid or not. I am comfortable and have done additional legal work I haven't mentioned just in case something is ever contested. We have an attorney that has walked us through everything. Yes, there could be issues. I don't deny that. But, if anyone checks with the legal State records they will find only one marriage license for my husband. That satisfies me for the time being.
S
seniorjudge
Guest
crystaltoo said:
Here's what you first asked:
My husband (?) thought he was married to a woman for 15 years. On checking with the county clerk's office we found no record of the marriage. The ex was notified and we got married.
Now she is filing married to him on her tax return. She refuses to accept this fact and will not provide any documentation to contradict the information.
What will happen? What do we do to protect ourselves?
The answer is (as it was stated in the prior posts): Hubby should get a divorce from his current wife and then marry you.
Ignore the advice all you want, based on your facts, your "husband" is a bigamist. If you will note, in my original post which you ignored, I recognized the IRS problem and mentioned those would have to be amended. Unless you are not providing an accurate account of the facts, you better check with the attorney as how your "husband" can resolve the missing records and get his divorce. If you have been filing joint, you and invoke " innocent spouse " with the IRS.crystaltoo said:
Judgy,seniorjudge said:
Why is it that they come to us for advice and when tell them what they need to do, provide the codes, in this case OP had some of them, they still persist in ignoring it and clinging to advice of someone who didn't know anything when they came to this site only a few days before? 1roper4me came here recently asking how to set aside a default judgemnet, what form to use. NOw she is the expert in CA. lae? I just answered that thread however there are no forms to vacate a judgement and while I know what CA codes they need to cite in their petition, I'll let them figue it out themselves, they deserve each other.
S
seniorjudge
Guest
Death by even if.rmet4nzkx said:
I hear it every day.
Happy Trails
Senior Member
This is not an alleged marriage. Is he denying the ceremony took place; it happened, isn't that proof enough for you?
You make it sound like his first wife is nuts and fabricated the marriage. She believes that they are married; just as your husband believes he was married. If neither of them ended the marriage, guess what, their still married.
You can't file a tax return with him as his wife, since your marriage isn't legal. You may have done it under the presumption that his marriage wasn't valid, but as the other posters pointed out to you, you have a problem.
The IRS will get involved, and when his wife shows proof of the marriage, who do you think they are going to believe?
You make it sound like his first wife is nuts and fabricated the marriage. She believes that they are married; just as your husband believes he was married. If neither of them ended the marriage, guess what, their still married.
You can't file a tax return with him as his wife, since your marriage isn't legal. You may have done it under the presumption that his marriage wasn't valid, but as the other posters pointed out to you, you have a problem.
The IRS will get involved, and when his wife shows proof of the marriage, who do you think they are going to believe?
S
seniorjudge
Guest
Overruled, you idiot! Where did you go to law school?rmet4nzkx said:Shhhhhhh
That is what the computer in on the bench for. Judgy, can also chew gum and skip at the same time, but don't chew gum in his court room
Oh, wait a minute.
I'm sorry...thought I was IMing the defense counsel.
Never mind.
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