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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My husband and I were in Hong Kong as his work brought us there.

Resolved Question:

My husband and I were in Hong Kong as his work brought us there. After 2 years I became ill and decided to come home to the US for medical care. Not wanting to interfere with his work I stayed here in the US. This Christmas I went on Facebook and found my husband there, but also found out that he has been living with a chinese woman and had a child. Surprise, and heart break. I confronted him via email and he said that he sinned and this is the consequence. Since then he has encouraged our marriage still..and yet I see that they are still together. What can I do?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
There really is not much you can do other than divorce or separate from your husband if you no longer can trust him and you do not believe the marriage can be saved. Given that you have been a resident of Montana you can file for divorce in that state in stead of having to dissolve your marriage.

I wish I had other options to give you but when there no longer is trust and you don't see a future, then there is very little you can do.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 5 years ago.
Of course I should divorce. I just wanted some legal advice, of what I could do legally here in Montana. Should I get him on bigamy too, is common law considered bigamy? I have documented all emails, and admittance from his concubine that she knew he was married and stayed with him for several years now. He is very taciturn and careful.
I am disabled now so divorce will put me in a very bad situation if I cannot get monetary help from him.
What is the law concerning this?
Thank you
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply and clarification.

Bigamy would be if he is legally married to her in China. Whether he is in a common law marriage would depend on the laws of China, not the laws of Montana since neither reside in Montana. China does not recognize common law marriages, so he cannot be found to have committed bigamy as their cohabitation is not considered a common law marriage in that country.

As to adultery, that would also depend on the laws of China and whether he can be prosecuted for that since the "act" is taking place in their jurisdiction, not in the jurisdiction of Montana. I don't see any reference to adultery as a crime in that country.

Montana is a no fault divorce state, which means there is no need to prove anything to get a divorce, just that the marriage is broken and you have lived apart for more than 180 days or there is a Serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage (Montana Code - Section 40 - Titles: 4-104).

As to the divorce, you will be entitled to support if you are financially dependent on him and unable to sustain the standard of living which you were accustomed to before the divorce. Spousal support in Montana is based on the following factors:

The court will order maintenance, when the spouse are unwilling to come to an agreement, in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant facts including:

(a) the financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;

(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(c) the standard of living established during the marriage; (d) the duration of the marriage;

(e) the age and the physical and emotional condition of the spouse seeking maintenance; and

(f) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

(Montana Code - Section 40 - Titles: 4-203)


Please let me know if you have further questions.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 11 other Family Law Specialists are ready to help you

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