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I want to incorporate grounds of dissolution of marriage. I…

I want to incorporate grounds...
I want to incorporate grounds of dissolution of marriage. I have been estranged from husband since 1994, he contacted me in 2014. But I recently found out that he is married to another woman in Las Vegas. I have a certified copy of their marriage certificate. Is their a way we can incorporate this into dissolution of marriage as well as my health status and his criminal background. I was diagnosed August 2016 with stage 3B breast cancer and have not been able to work.
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Answered in 4 minutes by:
6/6/2017
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,212
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. The answer is possibly yes. This can be used to likely get more/alimony. When deciding alimony, the court shall consider all of the following circumstances: (a) the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (a) earning capacity (b) the extent to which the supported party helped support the other party in gaining an education or maintaining a career. (c) The supporting party’s assets and ability to pay support. (d) the standard of living during the marriage. (e) The assets and separate property, of each party. (f) The length of the marriage. (g) The ability to gain employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health condition of the parties. (i) history of domestic violence between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j) any tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. California Family Code, Sections 4320, 4324, 4330.

His remarriage (which is void, by the way, since he never divorced you), his criminal behavior, and your health can all be used for alimony argument.

In addition, bigamy is illegal under NRS 201.160 and NRS 201.170. Bigamy is a category D felony, carrying a maximum of four years in Nevada State Prison, and, $5,000 in fines. A criminal complaint may have him investigated and charged.

Note that if you are saying he married her BEFORE he married you, then my answer would be completely different and would focus on annulment.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

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Customer reply replied 8 months ago
Thank you so much. I have filed through an online attorney who will fill the documents out from beginning to end. Could I draw up an Affidavit to submit exhibits on the factors that lead to the divorce proceedings along with a Motion requesting that he not benefit, receive or make decisions regarding my assets, estates, and health circumstances? I When I filed online there was no area to present these matters and I strongly feel they need to be heard/seen by the judge

You are most welcome.

Could I draw up an Affidavit to submit exhibits on the factors that lead to the divorce proceedings along with a Motion requesting that he not benefit, receive or make decisions regarding my assets, estates, and health circumstances?

This would normally go into the petition itself. So you may want to ask whatever attorney you are using to add those things to the PETITION for the divorce.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click FINISH to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,212
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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