Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 27

Hybrid View

  1. #1
    Join Date
    Aug 2013
    Posts
    7

    Default Spouse Didn't Divorce Before We Married

    My question involves a marriage in the state of: California.

    I have been married to my wife for nearly 10 years. We were married in California and we both live in California. This is my first marriage. My wife told me she had been married and divorced twice (both in California). I have seen the marriage certificates and divorce paperwork from the two previous marriages. No problems there. Recently, my wife has been pushing me to get married again on our tenth wedding anniversary. Concurrently she received a mailing from the local superior court. I was shocked to find out that she had just filed for, and received a divorce from a husband I had never heard of (not one of the two I knew about). Upon some stern questioning, she confessed that she has indeed been married since 1993 to a man who is living in the Philippines. This was her first marriage...the two I knew of were actually marriages two and three, making me number four. The long and the short of it is this...she was married in her native Philippines before ever coming to the US. The Philippines does not recognize divorce and she has told me she only recently filed for a divorce from husband number one. Her reason for filing for the divorce now, according to her, has importance in a immigration petition she is seeking for her eldest son and his family. This son was not a result of any of the marriages discussed above (apparently a birth out of wedlock).

    Additional background: My wife is a US citizen and obtained her citizenship through our marriage. I married her for love, and still love her. I have raised her daughter (from one of the two known marriages) as my own. Her father is deceased. Also, upon review of the divorce paperwork she received in the mail recently (the clue that opened all this up for me) my wife made some mis-statements concerning her tax filing status and persons she lives with - tax status Single; living with just her daughter. No clue as to me and our present marriage.

    So the question is...Am I really married? My wife seems to feel that we are not, thus the push to re-marry.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorce - I'm I Really Married After All

    No you are not married. Great for you as she is not entitled to alimony etc.. Further, she committed fraud to obtain her citizenship and after you notify them, they will likely deport her, if she does not have jail time for bigamy and immigration fraud to serve. You also need to refile your taxes for the past ten years it appears, to avoid this coming back on you. There may be other services illegally received that might need to be refunded also.

  3. #3
    Join Date
    Aug 2013
    Posts
    7

    Default Re: Divorce - I'm I Really Married After All

    Thanks for the quick response. Wow! I was hoping for an outcome less drastic than handcuffs. And the taxes are an area I never considered. Another area might be the health insurance coverage we've had for nearly 10 years. Lots of things are linked to a "married" status.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorce - I'm I Really Married After All

    Yep, you may love her but is it worth complicity in immigration fraud, insurance fraud and tax fraud to protect her deceit?


    Quote Quoting at2470
    View Post
    Thanks for the quick response. Wow! I was hoping for an outcome less drastic than handcuffs. And the taxes are an area I never considered. Another area might be the health insurance coverage we've had for nearly 10 years. Lots of things are linked to a "married" status.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Divorce - I'm I Really Married After All

    Quote Quoting Disagreeable
    View Post
    Yep, you may love her but is it worth complicity in immigration fraud, insurance fraud and tax fraud to protect her deceit?
    Please note that the tax advice you received is really, really, really BAD advice...and some of the rest of it may be really bad advice as well. Your marriage also may not be completely void, it may be voidable based on the bigamy.

    I would suggest that rather than take anything that Disagreeable stated as accurate, that you consult with a local tax professional, an immigration attorney, and a family law attorney. You don't necessarily need to hire any of them at this point, you simply need to be gathering information from the proper professionals.

    I am a tax professional and I am going to explain (so that you can understand where I am coming from) why Disagreeable's advice was so bad.

    The federal tax code does not permit a joint tax return to be amended to separate or single returns for a calendar year in question, past April 15th of the year the tax return was due. Therefore any attempt to do what Disagreeable suggested would simply cause such amended returns to be rejected. It would take some expensive and time consuming action to even get the IRS to accept such amendments. The IRS would also have no interest in anything more than three years old unless they considered it to be fraud, and in your case, they would be unlikely to consider it as such. You certainly had no idea that your marriage was questionable, and your wife may not have fully understood that either, since she married and divorced two other people between her first marriage and you. Many people do not understand that marriages performed in another country are valid marriages in the US. Its unlikely your wife would have ever realized their was a problem had the immigration issues with her son had not arisen.

    Its also very possible that any amended tax returns would result in additional refunds due to you and your wife, rather than money due to the feds, and that is a further reason why the IRS would possibly be completely disinterested in cooperating with amendments that are past the statutory deadline. If you and your wife did not file joint returns (and there is some hint in your original post that you did not) then there is no need for you to amend anything, in any way, shape or form.

    Don't automatically assume that you need to throw your wife under the bus to avoid having legal problems yourself just because someone on an internet message forum (who clearly does not know what they are talking about) is telling you to do so. Get professional advise.

  6. #6
    Join Date
    Aug 2013
    Posts
    7

    Default Re: Divorce - I'm I Really Married After All

    Thanks for that! My head is spinning. Your assessment as to the possible tax fall out is encouraging. And, I would also agree that consultations with a family law attorney and someone with an immigration background are in order. In fact I have a few calls out right now. The last thing I want is to through my wife under any bus...my plan to the find an attorney (are a set of them) to fix this problem. From a tax view point, we have filed joint (married) returns each year of our marriage.

    A forum like this helps with a "reality check" with regard to is there an issue at all.

    Thank you for your help!

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorce - I'm I Really Married After All

    Here is some case law on the immigration issue. Contrary to Pro's assertion, it does not appear anyone can argue you did anything but enter into a "good faith marriage". That is what immigration law requires of you. She on the other hand engaged in immigration fraud.
    http://scholar.google.com/scholar_ca...en&as_sdt=3,36

    http://scholar.google.com/scholar_ca...en&as_sdt=3,36

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce - I'm I Really Married After All

    Fair enough - and in the world of immigration that's fairly new case law.

    However, exactly how does the spouse intend to prove that?

    The burden of proof is not on UCSIS, put it that way.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Spouse Didn't Divorce Before We Married

    Here are the precise laws.

    FAMILY.CODE
    SECTION 2210-2212




    2210. A marriage is voidable and may be adjudged a nullity if any
    of the following conditions existed at the time of the marriage:
    (a) The party who commences the proceeding or on whose behalf the
    proceeding is commenced was without the capability of consenting to
    the marriage as provided in Section 301 or 302, unless, after
    attaining the age of consent, the party for any time freely cohabited
    with the other as husband and wife.
    (b) The husband or wife of either party was living and the
    marriage with that husband or wife was then in force and that husband
    or wife (1) was absent and not known to the party commencing the
    proceeding to be living for a period of five successive years
    immediately preceding the subsequent marriage for which the judgment
    of nullity is sought or (2) was generally reputed or believed by the
    party commencing the proceeding to be dead at the time the subsequent
    marriage was contracted.
    (c) Either party was of unsound mind, unless the party of unsound
    mind, after coming to reason, freely cohabited with the other as
    husband and wife.
    (d) The consent of either party was obtained by fraud, unless the
    party whose consent was obtained by fraud afterwards, with full
    knowledge of the facts constituting the fraud, freely cohabited with
    the other as husband or wife.
    (e) The consent of either party was obtained by force, unless the
    party whose consent was obtained by force afterwards freely cohabited
    with the other as husband or wife.
    (f) Either party was, at the time of marriage, physically
    incapable of entering into the marriage state, and that incapacity
    continues, and appears to be incurable.



    2211. A proceeding to obtain a judgment of nullity of marriage, for
    causes set forth in Section 2210, must be commenced within the
    periods and by the parties, as follows:
    (a) For causes mentioned in subdivision (a) of Section 2210, by
    any of the following:
    (1) The party to the marriage who was married under the age of
    legal consent, within four years after arriving at the age of
    consent.
    (2) A parent, guardian, conservator, or other person having charge
    of the underaged male or female, at any time before the married
    minor has arrived at the age of legal consent.
    (b) For causes mentioned in subdivision (b) of Section 2210, by
    either of the following:
    (1) Either party during the life of the other.
    (2) The former husband or wife.
    (c) For causes mentioned in subdivision (c) of Section 2210, by
    the party injured, or by a relative or conservator of the party of
    unsound mind, at any time before the death of either party.
    (d) For causes mentioned in subdivision (d) of Section 2210, by
    the party whose consent was obtained by fraud, within four years
    after the discovery of the facts constituting the fraud.
    (e) For causes mentioned in subdivision (e) of Section 2210, by
    the party whose consent was obtained by force, within four years
    after the marriage.
    (f) For causes mentioned in subdivision (f) of Section 2210, by
    the injured party, within four years after the marriage.



    2212. (a) The effect of a judgment of nullity of marriage is to
    restore the parties to the status of unmarried persons.
    (b) A judgment of nullity of marriage is conclusive only as to the
    parties to the proceeding and those claiming under them.

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Spouse Didn't Divorce Before We Married

    Here is one of particular significance that relates specifically to California and her willful concealment of capacity to marry. Her surreptitious divorce should be plenty of proof.

    http://scholar.google.com/scholar_ca...en&as_sdt=3,36

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Eligibility to Marry: Married Before Spouse's Divorce Was Final - Is My Marriage Valid
    By baaybgyrl in forum Marriage, Cohabitation and Civil Unions
    Replies: 3
    Last Post: 11-06-2011, 09:19 PM
  2. Unlawful Presence and Overstay: Out of Status Spouse Married U.S. Citizen
    By Lisa0111 in forum Immigration Issues
    Replies: 1
    Last Post: 09-21-2010, 11:51 AM
  3. Divorce: Spouse Obtained a Backdated Divorce Decree - Am I Legally Married
    By nancyd73 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-20-2010, 04:35 AM
  4. Marriage When One Spouse Is Already Married
    By Yolanda E. Carter in forum Marriage, Cohabitation and Civil Unions
    Replies: 2
    Last Post: 12-30-2007, 05:13 PM
  5. Eligibility to Marry: Am I Married If My Spouse Was Already Married But Got Divorced
    By guillory7@netzero.com in forum Marriage, Cohabitation and Civil Unions
    Replies: 4
    Last Post: 08-12-2007, 08:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources