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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2441
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I need to know if Robin Lecain (maiden name Mcfarlane) ever

Customer Question

I need to know if Robin Lecain (maiden name Mcfarlane) ever divorced Gordon Lecain in Reno Nevada. Their marriage took place on Sept 2 1994 but no divorce n they don't show annulments. She has since then married my son n wants alimony n child support- I need to see paperwork that shows she never divorced Gordon so she cannot take my son to the cleaners. Would Robin have to get a divorce in Nevada as she resides in CA now?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
I don't know if you've already done an online search, but a search at this webpage shows that neither of those people has been involved in any court case in Washoe County. Is it possible the divorce took place somewhere else?If your son believes she never divorced her ex-husband, he should file for annulment, rather than divorce. An annulment makes it so that a marriage never occurred. Child custody and support can still be ordered, even if the marriage was void. Depending on where they file for annulment, alimony may or may not be allowed. Either party can file in the state where either one lives, as long as that party has lived in the state long enough to establish jurisdiction. Each of those states has a residency requirement (for either spouse) of six months.Do you have any other questions?
Expert:  S. Kincaid replied 1 year ago.
(It is impossible to prove that she never divorced because you would need proof from every jurisdiction in the world. Instead, your son shows proof that she was previously married, then the burden shifts to her to prove that the marriage had been dissolved. You may get more information on your son's marriage license, as she may have mentioned her previous marriage and may have alleged a specific location and date for the divorce. Or she may have not mentioned the marriage at all.