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 Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38773
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

RA CYR

Customer Question

My "ex" husband is in the Military and recently sent me a divorce decree that was done in Baja California, Mexico. Our wedding date is wrong, my name is XXXXX XXXXX this was done without my consent or knowledge. He then immediately was re-married. It's my understanding that such divorces are illegal but how do I prove this? I really just want a legit divorce but he refuses and claims everything is legal and to never contact him again. Am confused and could really use some advice as I have been without any kind of support for over two years now and want to move on from him and have the chance to legally marry again if I want.
I have heard and read that this type of divorce isn't legal but where is the proof? Where do I go to? I can get told every day that it's not legal but without any proof, without anything to stand on I am simply just blowing out hot air.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

The only way to prove it is to continue asserting yourself as "married". If the information provided to you is void, then the divorce is void and therefore marriage is still valid. One way to possibly obtain some kind of an ability to negotiate is to inform your ex that getting married while still married is bigamy, and is a crime. While he can claim it is legal, it simply is not and it is not up to you to prove legality, it is up to him to do so, something that he as yet did not accomplish. In other words the default position is that you are married, regardless of what he says.

Good luck.
Customer: replied 2 years ago.
This really doesn't help at all. My "ex" sends me veiled threats every time I email him. My issue is that I am reading that such a divorce is illegal but there is no proof or backing of such claims. If this was really a legal way to do things then such divorces would be rampant across the military so it absolutely cannot be legal but nobody is able to help me. I feel like you didn't read my question.
Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am,

I believe you are over-analyzing this situation. Please permit me to try to again.

You are still married. End of story. There is no proof necessary for you to show that you are still married. The only way to get divorced is with a valid court order, which does not exist in this case. Your ex can threaten you all he wishes, if he does obtain a restraining order against him and then file for spousal support since he is legally required to assist you with expenses. Spousal supports are akin to alimony but for those still married, because you remain his wife. So that is why there is nothing to prove, if there is any proof it is up to the other spouse in showing that the divorce decree is actually valid, which it is not.

Good luck.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Vague and did not seem to even read my question.
Expert:  Dimitry K., Esq. replied 2 years ago.
My apologies but I am not sure how less "vague" I can be when I expressly and directly stated that based on your facts you are still married.

Take care.
Customer: replied 2 years ago.
Where do I go? What do I do? You're far away and I couldn't go by your office to seek representation if I even wanted to. If I asked too many questions then the first one "It's my understanding that such divorces are illegal but how do I prove this?" should have been answered or at least one of them attempted.

I appreciate your time.
Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am,

We are back to square one, you have NOTHING to prove since such ex-parte (meaning 'one party') divorces are not upheld in the US for the most part. But if you do not mind telling me your state, I can see if I can find a case that would state exactly what I attempted to tell you. There is nothing to prove because that order was no "domesticated" in a US court--it wasn't entered into the local jurisdiction and upheld as valid under state law. Therefore it is a void order.

Good luck.
Customer: replied 2 years ago.
I am in California. I did not realize that when I picked that as a choice when posing the question that the system wouldn't let you know that otherwise I would have mentioned it again.

I was married in California and live in California. He divorced me by proxy in Mexico. It said that I didn't respond in time so the divorce was final. JAG accepted the divorce and he has already gotten remarried. He was supposed to finally provide support to me after 2 years but did this instead. I really don't mind so much about the divorce as I do mind being in limbo and being unable to remarry one day without some sort of legal recourse.

Even if he is a terrible person I really don't want to get him in trouble if possible. I just want him to fix this or myself have the ability to fix it because right now, no offense, I am getting the run around from everyone.
Expert:  Dimitry K., Esq. replied 2 years ago.
Ma'am,

I realize you felt that you were being given the run-around. That is not the case. Please read this case below from California which expressly and directly states that Mexican ex-parte divorces are NOT honored and are NOT valid, regardless of JAG:

http://law.justia.com/cases/california/calapp2d/274/178.html


This is what you can use to pursue this further, if you so choose.

Good luck.

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:

 
 
 
  • 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
< Last | Next >
  • 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
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16644 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.