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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
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Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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My marriage was anulled because I told the judge that although

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My marriage was anulled because I told the judge that although I had no proof, my ex had another wife in Egypt before he married me, and was a bigamist. My ex signed the annulment papers and is now filing a motion to amend it to a divorce saying he didn't understand what he was signing, (because an annulment would destroy his immigration case - he is almost a citizen secondary to being married to me). I had a lawyer for the annulment, but am pro se for this motion he filed. I made a very good case in my written response/opposition to motion. My ex's lawyer called me and said the judge believed me and he knew the judge was not going to amend it to a divorce. He said my ex would have no choice but to appeal because otherwise he would be deported because again, his pending citizenship was based on our marriage and if our marriage was annulled, his immigration case would be destroyed. I paid 5.000 for the annulment. My ex paid nothing and had no lawyer for it. He got the lawyer after to file the motion to amend to a divorce. Anyway, when his lawyer called me today, he insinuated - he would not come right out and say it - he insinuated that he would tell my ex to compensate me for the 5.000 I spend on the annulment in exchange for me signining a letter or affadavit of some type telling the judge that I was not opposed to amending the annulment to a divorce.

I am wondering - is his lawyer trying to entrap me? If I agree to sign an affadavit or paper telling the judge I do not oppose amending the annulment to a divorce, and I sign this paper because my ex sends me the 5.000 to compensate me for the legal fees I paid for the annulment, can his lawyer then claim I was blackmailing or extorting my ex and have me arrested, or some other action to hurt me? Or am I allowed to say, ok, if you'll reimburse me for the 5k in legal fees I paid for our annulment, I will agree not to oppose amending the annulment to a divorce?

Thank you

Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 3 years ago.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

did you also lose time from work or wages in the prior case or this one?
Customer: replied 3 years ago.
I lost perhaps 2 or 3 days work total, for the annulment hearing, lawyer appointments, etc.
Customer: replied 3 years ago.

I lost perhaps 2 or 3 days work for the previous annulment hearing in August 2010, lawyer appointments, etc. For this opposition to motion, I am pro se, and spent about 50 bucks mailing my answer/opposition to motion and a day off work writing it.

 

And just to clarify my concern: I am afraid to agree to what his lawyer insinuated he was offering. Why woudn't he come right out and say it? Why insinuate it? If I say, "Ok, if my ex will reimburse me for the 5k I spent on the annulment, I will agree to sign an affidavit saying I am in agreement with amending the annulment to a divorce" is that extortion or blackmail on my part? Or is it perfectly legal to make that deal?

 

Thank you!

Expert:  GeorgetownLawyr replied 3 years ago.
The reason I asked is because basically he is trying to pay for his citizenship, so if he is going to pay it should not just be attorneys fees, he should pay for your lost wages as well. So if you want to pay hard ball you can push for that as well. if not, there is nothing wrong with settling the case in exchange for attorney fees reimbursement. I do not think his attorney is trying to set you up. If you feel that way you can tell him to pay your fees and you will drop the issue and allow him to get his "divorce" but tell him you will put nothing in writing to that effect and he will have to trust you to do that. that is one way to protect yourself if you do not want to have anything in writing or think it will be used against you. I hope this helps.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 3 years ago.

Thank you for your answer, it is MUCH appreciated. Do you think it would be a good idea to request that his lawyer put in writing on his letterhead, that I am agreeing to settle the case and sign an affidavit saying I do not oppose amending the annulment to a divorce, in exchange for my ex-husband reimbursing me for my attornies fees spent on the annulment?

 

Do you think his lawyer would actually agree to that?

 

Why do you suspect his lawyer would not come right out and say that was what he was proposing? Why did he "insinuate it"?

 

P.s. his lawyer said it was not ex parte to call me because I am representing myself.

 

Thank you

Gina

Expert:  GeorgetownLawyr replied 3 years ago.
Yes but don't use the word in "exchange" for anything. just put a period and then "husband agrees to pay wife's attorneys fees in the amount of $5000" make sure it doesn't say you are doing anything in exchange for anything. you can ask his lawyer draft the agreement between you and him, it doesn't have to be on the lawyer's letterhead to be enforceable, so don't ask for that. Honestly, Gina I hate speculating as to why anyone is doing anything because I do not know his lawyer and cannot tell you why his lawyer wouldn't come out and say it. It is not an ex parte communication, the lawyer is right since you have no lawyer, you are in effect your own lawyer. I hope this answers your questions and I appreciate you clicking ACCEPT so that I may be paid for my time and answers. Thank you and kind regards.
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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