San Diego, CA asked in Divorce, Child Support and Civil Rights for California

Q: There is a woman submitted to the court to request a divorce.

There

1 Lawyer Answer
Sandy Lynne Meade
Sandy Lynne Meade
Answered
  • San Diego, CA
  • Licensed in California

A: The man will want to file a response/objection to the Petition for Dissolution of Marriage. He may wish to consult with an attorney to make a special appearance on his behalf based on "lack of jurisdiction". Since he was already legally married 13 years ago, and assuming that marriage was properly recorded and no dissolution obtained, a second "marriage" would not be legal. It appears the woman is trying to impose a "common law marriage" by claiming to have lived with the man for 8 years and having his children. I do not believe California is a common law marriage state, but does recognize legally-binding common law marriages from other states. Since the woman lacks a marriage certificate of any kind, and the man can produce proof he is legally married to someone else, he should probably file a "Special Appearance" objection/motion for dismissal of the action based on fraud and lack of jurisdiction. The woman may have valid claims for child support if any of her children are his biologically. That would be a separate matter. I would recommend a demand for DNA testing should she file for that unless the man knows the children are his. If he did live with this woman for 8 years and held himself out to be her husband, there could be a civil claim for one-half of all assets the two acquired during the time they lived together. I would strongly suggest you contact an experienced family law attorney in the county in which the action was filed to address this complex situation.

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