Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am married for 5 years I found out he is married in

Customer Question
I am married for...

I am married for 5 years I found out he is married in another country I want to know if Ian still married until I null the marriage

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 6 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
12/29/2017
Family Lawyer: RayAnswers, Lawyer replied 6 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,273
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

You would have to file for annulment here in California to void your current marriage.You would have option here to just divorce.If he has lots of property ,income you would be better off divorcing and dividing community property.You might also be entitled to spousal support too.

You have right here to either annul or divorce here under California law.

Reference to California annulment law

https://www.divorcenet.com/resources/annulment/annulment-basics/california

You are still legally married until annulment is granted .Once annulment is granted it is as though you were never married from that point forward.

I appreciate the chance to help you , wish you good luck here moving forward.

Thanks for rating 5 stars.

I also wish you a Happy New Year.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
I have duplex before I got married he has a truck business that he acquired last year while still married to me
Customer reply replied 6 months ago
please reply here
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

Well if you divorce you can claim half the truck business , the duplex is your separate property here , a divorce might be better for you if you want to claim half here of his business.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

Lawyer referral

Contact the State Bar for Help

Ask Your Own Family Law Question
Customer reply replied 6 months ago
how much for a divorce
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

Reference

California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate. The law requires that the community estate be divided equally if there is no written agreement requiring a particular division of property. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive half of the net community estate.

How is California community property divided?

The law does not require an "in kind" division of the community property, which would mean you would have to divide each physical object. All that the law requires is that the net value of the assets received by each spouse must be equal. Thus, it is not uncommon for one spouse to be awarded the family residence, with the other spouse receiving the family business and investment real estate, as long as each spouse gets assets that are equivalent in value. Since the total net value of the assets being received by each spouse is equal, such a division is proper.

Ordinarily, it is not difficult to determine whether a particular asset is community or separate property. However, certain types of assets can pose unique problems in this regard, including a business that one spouse owned before marriage and both spouses worked on during the marriage, or property that belonged to one spouse before marriage but was shared during the relationship.

What about my spouse's pension or employment benefits?

When a married person accumulates an interest in a pension, retirement, profit sharing, or other employee benefit plan during the marriage, the part that was accumulated during the marriage it is community property and subject to division in the dissolution. (If the owner of the benefits contributed to the plan before marriage or after separation, those amounts aren't included in the division.) The spouse who owns the retirement plan can pay the other spouse for the non-owner spouse's share of the community interest, or the court can reserve jurisdiction to have each spouse receive a proportionate share of the benefits when they are paid. (See below.)

How are pension plans divided?

Generally, Pension Plans are divided in one of two ways: a "reservation of jurisdiction," or a "cash-out."

Reservation of Jurisdiction. This is the most common way in which pension plans are handled. Under reservation of jurisdiction, the court orders that when the employed spouse retires the other spouse will receive a percentage of each pension check. This percentage is calculated by dividing the years when the spouses lived together as husband and wife by the total number of years that the employed spouse has been participating in the Pension Plan. The result of that division is the community property percentage of the Pension Plan.

For example, if the husband had 20 years of contributions into a Pension Plan, with 10 of those years coinciding with the years he lived with his wife, the community property share of his Pension Plan would be 50% (10 divided by 20). Thus, the wife would be entitled to 25% of the husband's pension checks (half of 50%).

Under a reservation of jurisdiction, the non-employee spouse can elect to receive his or her share of the employee spouse's pension benefits at the earliest time that the employed spouse could retire. This means that if the employed spouse chooses not to retire at the earliest opportunity, that spouse will have to pay the other spouse what the non-employee spouse would have received if the employed spouse had retired.

For example, if the husband is eligible for "early retirement" at age 55, but he chooses not to retire at that time, his ex-wife can demand that he pay her the amount of money that she would have received if he actually retired at that time. However, if the wife makes such an election, she does not receive any cost of living increases after that date.

The Federal Retirement Equity Act of 1984 created what is known as the "Qualified Domestic Relations Order," or "Q.D.R.O." (pronounced "quadro"). Where the Court makes orders concerning a spouse's retirement plan and the order is prepared in the correct form, the Federal law requires the employer to comply with the terms of the order. The preparation of a Q.D.R.O. can be time consuming and complicated, and, consequently, expensive. However, it is a necessary step in the dissolution process. Several companies have been formed for the sole purpose of preparing Q.D.R.O.s. For a reasonable fee, these companies prepare the O.D.R.O.'s and submit them to the pension plan administrators.

To learn more about QDRO's, see, QDROs in California: Dividing Retirement Benefits.

Cash-out. The other method of dealing with a pension involves obtaining "actuarial evaluation." An actuary is an expert who deals with statistical and financial evaluations of insurance policies, annuities, and pensions. By reviewing the plan description as well as the accumulations on the account of the employed spouse, the actuary can determine the "present value" of the community share of the pension plan. With a cash-out, the employed spouse receives the pension plan in its entirety, and the other spouse receives other community property assets of equivalent value.

What about a closely-held business ?

Like any other asset, a business or professional practice must be considered in the valuation and division of community property. To the extent that a business or practice has been developed during the marriage, there is a community property interest that must be dealt with in the dissolution. The most difficult and time-consuming aspect of determining the value of a business or professional practice is in evaluation of "goodwill." This is the intangible value that most businesses have, which is based on the expectation of future business, based on established name or reputation. If the business or practice is operated by one of the spouses, it has a goodwill value even if it could not be sold on the open market.

Often, a business person or professional will say, "How can there be any goodwill . . . if I stop working, the office does not make any money?" The law's answer is that the goodwill of a business or professional practice is valued as a "going concern." That is, the law assumes that the business will continue operating and will not lose any customers that would otherwise have been lost if it were sold to another owner.Certified public accountant and business appraisers are hired to determine the value of a business or professional practice. The accountant or appraiser who is hired reviews the books and records of the business or practice and prepares a written report.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

A divorce would run you $2-$3k, lawyer here can ask the court for him to pay he was the cause with bigamy.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

Thanks or the followup ,good luck here.

Thanks for rating 5 stars at top of page.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
can you refer me to a lawyer I live in Montclair, Ca
Family Lawyer: RayAnswers, Lawyer replied 6 months ago
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,273
48,273 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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:

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My daughter got married on March 4, 2013 in Mineola, Texas.
My daughter got married on March 4, 2013 in Mineola, Texas. She then moved back to Greenville, NC. She found out that her husband was still married to a previous wife when she moved back to NC. He was… read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
110 satisfied customers
I married my bf 36 years ago in Nevada. We split up 7 days
I married my bf 36 years ago in Nevada. We split up 7 days later. I found out he was still married to his second wife in California so ignorant asi was, I thought that meant we were not legally marrie… read more
KLAW
KLAW
Juris Doctorate
2,277 satisfied customers
I'm getting married in Las Vegas on December 8. I am an
I'm getting married in Las Vegas on December 8. I am an Oregon resident and I am officially divorced for almost 15 years. However, my spouse to be was divorced in California but due to the backlog in … read more
Loren
Loren
578 satisfied customers
How Can I find if my marriage is legal. Rhode Island. I have
I just found out this year that my husband divorce was finalized until after month after we wed. I read some where that the marriage license become invalid for the amount of days before you can remarry and then the marriage is valid or did it jus void out our marriage certificate… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
A friend of mines got married 3 years ago but found out 2
A friend of mines got married 3 years ago but found out 2 weeks ago her ex-husband just actually finalized their divorce (sent it to her in an email). Now she's wondering if her 3yr marriage is null a… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I live in florida and Married for 5 1/2 years I just found
Hello, I live in florida and Married for 5 1/2 years I just found my wife is also married since 1989 without divorced ( bigamy) the question is; … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
I am trying to find out if a marriage is legal. The marriage
I am trying to find out if a marriage is legal. The marriage took place in Los Angeles California … read more
Loren
Loren
578 satisfied customers
I was married islamically on october 1993,we have had three
i was married islamically on october 1993,we have had three children of this marraige.Moved to the states 3.5 years ago remarried for legal papers ,found out today that back then he was still in the p… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
In the State of Rhode Island, USA: A woman found out the
In the State of Rhode Island, USA: A woman found out the following information after marriage: She now resides in the State of Georgia, USA. The woman married a man who falsely claimed the birthdate a… read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
I found out recently that my husband of 13 years was still
I found out recently that my husband of 13 years was still married to his first wife...I have moved on with my life and I want to get married soon...Since, my first marriage is null and void..., if I … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,593 satisfied customers
The woman is a F-1 student, from Saudi Arabia. She wants to
The woman is a F-1 student, from Saudi Arabia. She wants to marry a Saudi man who has a tourist visa. So, both are not U.S residents, and they want to get married in U.S. Can they get married while th… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
My husband and I got married 5 months ago. I am not a USA citizen
My husband and I got married 5 months ago. I am not a USA citizen nor a legal resident since we were about to start my legal status process this month. Before we got married, we had a long distance re… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
My husband and I have been married here in the US for 14 years,
My husband and I have been married here in the US for 14 years, both of us are Us citizen. He was a divorcee when I met him. However, he had a previous marriage in the Phillipines, they divorced here … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
after waiting the 6 month and one day waiting period for a
after waiting the 6 month and one day waiting period for a divorce in california is it finalized and does that mean i could get married the next day?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I have several questions regarding nullification of a marriage,
I have several questions regarding nullification of a marriage, adoption order, as well as joint custody. I just found out today, that my divorce from my 1st husband was not final when I married my 2n… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I want to divorce my husband, but I am not sure if i have to
I want to divorce my husband, but I am not sure if i have to cause he stills married to his another woman, but we got married in the US. My sister is a lawyer in my country, and she told me that my ma… read more
Loren
Loren
578 satisfied customers
I reside in the state of Kansas and I know that common law
I reside in the state of Kansas and I know that common law marriages are recognized. my husband have only been married for a year, he was previously in a relationship with a woman for 5 years in which… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I was married in the Phillipines in 1986 because of a ...
I was married in the Phillipines in 1986 because of a pregnancy. I never lived with him and left the country 5 months later and have never lived with him since. I now reside in California and want to … read more
LawNinvest
LawNinvest
Attorney & Certified Mediator
Juris Doctorate

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x