My question involves a marriage in the state of: California
My Divorce Notice of Judgment was just entered a week ago. This was a 2 1/2 year divorce proceeding. I am the Respondent. I paid around $23,000 in temp. spousal support and arrears and am now paying monthly spousal support to my ex.
I just found out that my ex was not divorced from her first husband when she married me. Her divorce from husband no. 1 is still not final to this date so my marriage to her should be void.
My question is this: I know that spousal support is not modifiable retroactively. I have paid the $23,000 in temp. spousal support, approx. $4,500 in spousal support since the final hearing a year ago, I was court ordered to and paid $7,500 to her attorney, and paid approx. $10,000 to my own attorneys for this case.
Can I ask that the court terminate all spousal support as my marriage is void or do I now have to file for an annulment even though we have a final judgment.
Also, Can I ask that the court order her to repay me all of the spousal support and the arrears and all attorney fees and court costs as she told me that she was divorced before we got married and she was not?
Any information regarding this is appreciated. Thank you.