Never legally married!

[LdiJ]

I didn't see where the first wife was filing married/JOINT, that was only mentioned the first time in your post (with the words if). Since the OP hasn't told us the exact status of how she is filing (other than she is claiming to be married); we shouldn't presume she is doing anything fraudulent (and I understand you used the word 'if').

Ldij, what would you suggest the OP do? You state "There are some potentially serious IRS issues here. Even for the first wife."

What course of action should the OP be taking?

In my opinion, she needs to be seeking the dissolution of the first marriage (which I think we all would agree that is what she was initially trying to do).

Then she doesn't have to give a crap how the (then) ex-wife would be filing. Because if the IRS does check into this, at least the OP will have all her ducks in a row.

As far as the taxes are concerned she should do nothing until/unless she hears from the IRS.

Normally, I would be advising contacting a CA attorney regarding the previous marriage...however she did that (maybe more than once) and the attorney(s) are stating that the marriage doesn't exist. Therefore I guess my advice would be to consult another one or two.

I don't see how its possible to get divorced if you can't prove you were married in the first place....which it doesn't appear that he can do.

 

[seniorjudge]

I don't see how its possible to get divorced if you can't prove you were married in the first place....which it doesn't appear that he can do.

Husband and wife did everything they knew how to do to get married in CA. Just because the courthouse lost some papers does not mean they are not married.

He should plead all the facts of his marriage in his divorce petition as one would normally do in any other petition.

 

[LdiJ]

Husband and wife did everything they knew how to do to get married in CA. Just because the courthouse lost some papers does not mean they are not married.

He should plead all the facts of his marriage in his divorce petition as one would normally do in any other petition.

Makes sense to me.

 

[rmet4nzkx]

Please watch your language.

This is not a BDSM site.

Thank you.

Judgy,
Is that what you thought the Whipped cream was for, it's not the whipping? that is the problem, now is it, it's what you do with it later

 

[rmet4nzkx]

Makes sense to me.

Eureka! (California State Motto)

 

[seniorjudge]

Eureka!

Your spelling is horrible.

You reek of what?

 

[rmet4nzkx]

Your spelling is horrible.

You reek of what?

This time there is no spelling error. The word is Greek, not Latin and appropriate to the situation.


http://www.library.ca.gov/history/cahinsig.cfm
State Motto

The Greek word "Eureka" has appeared on the state seal since 1849 and means "I have found it". The words were probably intended to refer to the discovery of gold in California. Archimedes, the famed Greek mathematician, is said to have exclaimed "Eureka!" when, after long study, he discovered a method of determining the purity of gold. In 1957, attempts were made to establish "In God We Trust" as the state motto, but "Eureka" was made the official state motto in 1963.

 

[ENASNI]

oh doc

Doc... You reek of smugness!

See you around...daughter demanding computer!

jeesh she has me whipped...

I am such a cream puff when it comes to her and her big blue eyes...

Just trying to clean things up around here!

 

[Theresalee]

It's pretty clear

To the OP!!! LIsten to rmet about the nunc pro tunc!!! It worked for me and she was right on about every legal issue I asked... I live in CA and mistakes can be made and were.. What if this paper turns up? I will not comment on tax law or any law as I do not have any knowledge but I would liten to these people... Try to take emotions out of it b/c you were told something you didn't want to hear!!! You may find yourself with a lot of problems thinking you were married all this time.. It stands to reason if your husband got married 15 years ago and admitted it? If you want to be screwed by not listening then that is your choice.... By screwed I am not talking about taxes I am talking about be married "LEGALLY" What happens if you get divorced 15 years later if you do) You get nothing b/c YOUR marriage wont be legal!!!! Trust me I just had mine filed and am now legally married for 20 years and protected... Every thing rmet told me to do was exactly right!! The CA courts were surprised I knew about this so I told them were I got the info and they even said GOOD JOB!!!
Just FYI!!!!! Also his "Ex" may have a marriage document? Why not ask her?

 

[rmet4nzkx]

Thanks again Thresea for the words of confidence. OP is angry about the situation she got herself in and looking for other people to blame, unfortunately, that doesn't change the law or the facts. Sometime people take a long time to come around and actually listen to the advice. One would think that her husband remembering the marriage but not remembering the date of the marriage might give a clue as to his reliablity. If forgetting the date of the wedding was all that was required to undo a marriage, lol, men would have worse memories than they already have and most would be divorced. As it stands, the legal wife doesn't have to do a thing and she has half of everything and he has all the explaining to do.

 

[Happy Trails]

Thanks again Thresea for the words of confidence. OP is angry about the situation she got herself in and looking for other people to blame, unfortunately, that doesn't change the law or the facts. Sometime people take a long time to come around and actually listen to the advice. One would think that her husband remembering the marriage but not remembering the date of the marriage might give a clue as to his reliablity. If forgetting the date of the wedding was all that was required to undo a marriage, lol, men would have worse memories than they already have and most would be divorced. As it stands, the legal wife doesn't have to do a thing and she has half of everything and he has all the explaining to do.

He is definitely keeping a few secrets or he is just a lazy man that doesn't want to go through the legal effort of making this right.

You would think after being married for 15 years the anniversary date wouldn't be so hard to remember.



Theresalee, your thread was quite interesting. Way to persevere!!!

 

[Theresalee]

Thanks again Thresea for the words of confidence. OP is angry about the situation she got herself in and looking for other people to blame, unfortunately, that doesn't change the law or the facts. Sometime people take a long time to come around and actually listen to the advice. One would think that her husband remembering the marriage but not remembering the date of the marriage might give a clue as to his reliablity. If forgetting the date of the wedding was all that was required to undo a marriage, lol, men would have worse memories than they already have and most would be divorced. As it stands, the legal wife doesn't have to do a thing and she has half of everything and he has all the explaining to do.

I only spoke the truth!!! I am guilty of putting emotions into things when people say something I don't like as well, but It was different this time b/c I knew my husband was capable and I took off the blinders... Sounds to me like she wants all and any blame on the ex (or present) wife and to think he is still married to this woman!!!! I wouldn't be happy about that!!! As far as I'm concerned the OP's suppossidly husband can't remember a date so whats to say he remember's the county or state he was married in? If he got married he is married! once it's proven they are not, which I don't see how, unless a mistake was made? IMO that's a big if!!!!!
Yes there are "some" people here that make a smart a$$ comment, just try and not respond, after all this advice is free!!!! In my case I got a very good deal b/c rmet saved my butt!!!!! I went to an attorney before here and didn't even get the correct advice!!!! and it's proven...... The OP didn't like what she heard so she tuned everything else out...Soon she will see what was being said marriage wise and tax wise!! Maybe when she and her hubby file as married they will see he has also filed as married to another? (not sure if they have or not) The Social security will match and it will most likely catch up with someone....
One thing I would add to the OP or maybe ask is? Who in the hell would marry someone that said he was already married but the paper work is lost? I know tht attorney told them other wise but I had an attorney tell me I was commo law in CA!!!!!! Find another attorney is all I can say to you..........