How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jack R. Your Own Question

Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
14472836
Type Your Criminal Law Question Here...
Jack R. is online now
A new question is answered every 9 seconds

My girlfriend and i have lived as "man and wife" for 35+ years,

Resolved Question:

My girlfriend and i have lived as "man and wife" for 35+ years, the majority in Arizona. During that entire time we both have claimed we were married to each other and married in the town of Panajachel in Guatemala in 1976. We are both born American citizens and just traveled to Guatemala. We have no other connection to that country. My girlfriend's bank accounts, driver's license, and all other documents, including her current U.S. Passport are in my last name as she also claimed to them that we were married when, in fact, we have never been married.

She is now attempting to get a divorce from me in the state of Arizona where we are both residents, stating that we were married on Sept. 28, 1976 in Guatemala, and I have been served with a summons to appear for these divorce proceedings.

She is aware that we are not and never have been married to one another and she has never been married to any one. She is insisting I sign this document agreeing that we were married and to all her requests to the court. mostly property issues. I have insisted to her that I am not going to lie to the Court and agree to her perjury. She still insists that I sign this document and that she plans to go ahead with legal action against me, to wit, this sham divorce and fraud against the Court.

What legal recourse do I have to her "Divorce" complaint considering that we were never married and her perjury and subordination of perjury?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Jack R. replied 1 year ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

 

If your "wife" cannot produce some sort of legal record establishing a valid marriage then a divorce is not possible. When you wife files for divorce her complain must allege where and hen you were married. You can and must respond to the complaint that you were never married.

For a marriage to be valid in the State of Arizona it must meet 3 requirements enumerated in A.R.S. § 25-111:

  • The issuance of a valid marriage license;
  • A solemnization by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized; and
  • The solemnization must occur before the expiration of the marriage license.

If you do not fulfill these requirements you are not married. Arizona will accept a valid marriage from a foreign country. That marriage must be done in compliance with the laws in that country. Your wife would have to prove that a legal marriage was done in Guatemala.

 

Customer: replied 1 year ago.

Can you reply to what I can assert to the Court regarding her perjury and subordination of perjury and should I advice her attorney (who is a family friend) that we are not married and that she has intentionally and knowing and willingly lied to him as well?


 


Thank you.

Expert:  Jack R. replied 1 year ago.

This is not about perjury. As long as she really believes she is married she has not perjured herself. She is just wrong in her assumption. After living together as husband and wife for 35 years a court would agree that although she is not married she has not knowingly lied to the Court.

 

You have also claimed to have been married, you cannot get up in front of Court and say your wife lied when you have promoted the charade. It is very possible that you have committed forms of perjury, and fraud by claiming to be married during the 35 years. You have supported the fact you were married, it is likely whatever sanction the court would apply to her would be applied to you. Cut your losses, require your wife to prove you are married and move on.

 

You need to do is ask the Court to dismiss the divorce complaint because you are not married. The Court will then ask your wife to prove she is married or dismiss the complaint.

 

 

 

 

 

Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience: OHIO//Texas Attorney Civil/Crimnal Practice
Jack R. and 2 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
Jack R.
Jack R.
Criminal Lawyer
6147 Satisfied Customers
OHIO//Texas Attorney Civil/Crimnal Practice