which marriage is valid

[secces826]

What is the name of your state? CA

My mom and dad were in the process of divorce when Dad married again... Legal divorce was in Jan. Dad and SM married previous Oct.

Dad & SM married again after divorce legal in Sept of same year. Dad lied on application as to when divorce was legal (on both applications)

Which is legal?

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

My mom and dad were in the process of divorce when Dad married again... Legal divorce was in Jan. Dad and SM married previous Oct.

Dad & SM married again after divorce legal in Sept of same year. Dad lied on application as to when divorce was legal (on both applications)

Which is legal?

My response:

Your Dad's marriage in October was illegal due to Bigamy, and lying on his marriage license application. Also, his marriage in September of the following year is, likewise, illegal because again, he lied under oath.

If his lies can be proven, his subsequent and last marriage is voidable.

What is it that you're trying to accomplish? You also need to keep in mind that his "new" wife may be "innocent" in her knowledge of what transpired. So, even if you can prove that the marriage is "voidable", your stepmother may be able to claim "putative spouse" status.

IAAL

 

[secces826]

Thank you for responding.

You asked "What is it that you're trying to accomplish?"

Well, to be truthful, I am living between the home of my mom and my dad, I live with one parent during the entire school year and visit the other, until the next school year, then I switch homes. It wouldn't be so bad if they both lived in the same city, but they don't. They live an hour away from each other.

I am 11 years old, a straight A student, honor roll, and perfect attendance. I play sports, and volunteer at a local animal shelter. I do not want to continue living like this. I want to live full time with mom. What I am afraid of is that dad will go bullistic when Mom and I sit down with him and tell him what I want. He's afraid mom will soak him for child support, mom says I get the money for college - if she were to ask for support.

SM Is not a nice person, she has sat on me (all 200 pounds) and covered my mouth for what she considers backtalk. She treats me like I'm the one responsible for her problems with my dad. Let's just say she doesn't like me very much and it shows, except dad doesn't see it.

My idea was to help mom in getting custody of me and this was one "secret" I knew, which mom has no idea of. I've got copies of each marriage certificate and a copy of the divorce papers which clearly shows they signed the papers in Jan.




You also said "You also need to keep in mind that his "new" wife may be "innocent" in her knowledge of what transpired. So, even if you can prove that the marriage is "voidable", your stepmother may be able to claim "putative spouse" status."

What is "putative spouse" status?

 

[I AM ALWAYS LIABLE]

My response:

Wow!

You're 11 years old? Gee, either you're not exactly telling the truth about that, or you're 11 going on 39.

Normally, it takes quite a bit to impress me, but your writing skills and command of the English language are just blowing me away! Most adults who come here can't write like you! I congratulate you. Your education is NOT going to waste!

A "putative spouse" is one who has a "good faith" belief that they are, in fact, lawfully married; i.e., that the marriage is valid. If that status can be proved, despite the reality of its invalidity, that spouse would still be entitled to Community property, and all of the other protections that California's marital laws afford.

When can I adopt you?

IAAL

 

[secces826]

I'm almost 12. Mom has taught me that my education is very important. She does push at times, but doesn't want me to make the same mistakes she's made. She did graduate, but didn't go to college and wants the best for me.... she's always telling me that....

Adoption is out of the question, unless you'll pay for my college?

How long does it take to become an attorney? I figure once I get into high school, I'll decide which college I want to go to and what my major will be. I like animals and I am interested in maybe becoming a Custody Evaluator. I have met enough of them throughout the years, it seems more like play than work.


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[I AM ALWAYS LIABLE]

I'm almost 12. Mom has taught me that my education is very important. She does push at times, but doesn't want me to make the same mistakes she's made. She did graduate, but didn't go to college and wants the best for me.... she's always telling me that....

Adoption is out of the question, unless you'll pay for my college?

How long does it take to become an attorney? I figure once I get into high school, I'll decide which college I want to go to and what my major will be. I like animals and I am interested in maybe becoming a Custody Evaluator. I have met enough of them throughout the years, it seems more like play than work.


sec

My response:

I am just TOO impressed. I want to hug both you and your mother!

You're an amazing child, but as much as I'm impressed with you, I have to wonder, with all of that education, are you having a childhood? I mean, it's wonderful - - don't get me wrong - - but you're extremely rare and your childhood is extremely important.

I think you're ready to go to law school RIGHT NOW! Your I.Q. must be "off the charts", kiddo.

Depending upon the length of time you devote to obtaining your Juris Doctorate, the length of time to obtain your degree could be anywhere from 3 to 4 years. However, with the little that I've come to know about you, you could probably do it in 1.5 years, or less (not really, but you're just impressing the hell out of me).

Let your Mom know what I said here, and give her a big kiss for me. You're just too much! But, you need your childhood too, and for that, I am a bit concerned for you. Studying hard is one thing, being able to have a childhood is an absolute necessity to your psychological well-being and health.

When you pass the Bar, and there's absolutely no doubt that you will, look me up. Baby, YOU'RE HIRED!

IAAL

 

[secces826]

Thank you for your compliments.

I do kid stuff. Mom and I agreed that I can do what I want on the weekends as long as I keep up my grades. Any of the extra activities I do, I definately make sure it is not only good for my future, but that I like it too, otherwise it's not worth doing.

I will tell mom what you said. I will also let her know that I need to have a childhood, that I may possibly find it in Disneyland....


I'm glad you could help me. You're very nice.

 

[secces826]

I forgot to ask, what else could we do if dad doesn't like what I decided?

 

[I AM ALWAYS LIABLE]

I forgot to ask, what else could we do if dad doesn't like what I decided?

My response:

You know, because I now know you're only 11, going on 12, going on 39 years of age, I'm have trepidations about discussing these matters with you any further.

I'm not being "mean", so I hope you can understand. It's just that you are what you are, and you are only 11 years old. You shouldn't have to be thinking about, or doing anything about, these "adult" matters.

Your father is still your father, and I don't wish to get between you and he, by filling your head with these legal troubles. It's the business of your parents, not you.

They are the "big people", and while I have no doubt that you can easily "thrust and parry" with them, or with anyone else for that matter, the fact still remains that, right now, you're still a kid - - a child.

You need to be focusing on other matters, and matters that are better suited to someone in your age group. Mom and Dad's problems are NOT your problems. Don't get into it. You're playing with fire. I'm serious. What will be will be.

Good luck, and when you pass the Bar, contact me here. If you don't, I'm coming there looking for you in about 10 years!

All my best to you, kiddo. You're the best!

IAAL

 

[secces826]

Yeah, mom tells me the same thing. Their problems are their problems. I just don't want to go back to dad's next year.

I understand what you are saying so I will not worry about the rest of it, you have answered what I really needed to know and for that, I thank you.

Now, I just gotta figure out how I'm going to get mom to take me to Disneyland!

 

[I AM ALWAYS LIABLE]

My response:

You can't possibly be 11 (shaking my head in amazement).

You just can't be. Tell me you've been lying. Tell me you're really, at least, 39 years old.

Please . . . eleven year old's like you just don't exist.

IAAL

 

[secces826]

I don't lie. It's not worth it. I am 11, I was born 8-26-1992.

I'll be expecting a present when I turn 12...

How old are you?

"All That" is on Nickelodeon, so I need to say good night.... Good Night..


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[I AM ALWAYS LIABLE]

My response:

Incredible. I think I've been conversing with an angel . . .

IAAL

 

[stealth2]

I've got to add my kudos to the kiddo. Well done! seccess - tell Mom that you just neeeeeeeeed to go to Disneyland. A Mom in NJ said so!

And IAAL, as an FYI - I definitely buy that the kid's 11/12. If he wasn't sitting in the next room, I could have been reading my 12 yo son's writing (and he has a childhood, too!). Some kids can just blow you away.

 

[mandy7181]

my 2 yr old is like that--if you heard her speak u would think she was 6. She will tell u she has a "tension headache". She wants to be a doctor when she grows up. She speaks in full, grammatically correct sentences with pronouns and prepositional phrases. Im homeschooling her because i was told by a teacher that age 2 she should already be in kindergarten with her knowledge. So i beleive that the kid is 11.