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We cannot find any legal advice from any lawyer on this!!

His divorce isn't legal....now what? My fiance was married in 99. His wife cheated on him and left him for his own brother. She filed divorce papers, he signed them and all was well. Or so he thought. We were in the process of getting married when we found out that his divorce was not legal. She filed everything in Mexico which according to everything we have read is not legally binding unless one of the two of them lived in Mexico for 6 months. She married his brother within a couple of weeks of the finalized Mexico divorce by lying on the marriage lic. application saying they had been divorced longer than what they were. The brother and the wife are now going through divorce in the county we live in. What do we need to do now? They have been separated for over 8 years, she re-married and is divorcing, and we are stuck now with a mess. We cannot get married. We cannot afford an attorney and have no clue where to start.Do we file regular divorce papers? Is there any way to speed things up? We are in Cali and I know in normal situations there is a 6 month wait before a divorce is finalized.Help please.

by luvmy3lilmen   3 Posts
Posted on 2/28/2008 7:14 PM

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Comments for "divorce360.com | We cannot find any legal advice from any lawyer on this!!"  (3) (You must be logged in to answer)




The only reason the 6 months is an issue is because we already planned a wedding, however, it looks like we can't do anything at this point. I am getting the papers ready for him so he can file. He is now trying to figure out a way to be able to actually talk to the judge. A lawyer I talked to this morning said there is a way to ask the judge to back date the date of the divorce to the time that the Mexico divorce was filed given that they have lived apart without speaking for 8 years. We'll see. The lawyer wanted a 10k retainer and even admitted that he was not familiar with this type of situation "but he would figure it out" (Wasn't real confident in the guy.
by luvmy3lilmen   3 Posts
Posted on 2/29/2008 3:04 PM
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wow-

im so sorry for you.  This is so complicated - i would think if he isnt really divorced, he first has to get divorced....  i would consider going to legal aid or similar if you cant afford an attn - or call around, as attns often are cheaper than you might think....  two links that may help  http://www.courtinfo.ca.gov/selfhelp/  and http://lawhelp.org/CA/

sorry i dont have better advice!

good luck

by jackson   693 Posts
Posted on 2/29/2008 1:01 PM
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this does sound like a big mess.   if it were me, i wouldn't try to add to add to it.    do what you need to do and wait the 6 months.   do you have to get married in less than 6 months for some reason?  just get this all organized and then move on with your life.  
by cindy   79 Posts
Posted on 2/29/2008 1:00 PM
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