Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My brother is going through a divorce. and has been dealing…

Customer Question
So my brother is...

So my brother is going through a divorce. and has been dealing with a monster of an ex. shes threatening to take the family home and has stolen monies from his bank account and is trying to take all assets with her.

Lawyer's Assistant: What steps has your brother taken? Have they filed any papers in family court?

He has no attourney

Lawyer's Assistant: Family law varies by state. What state are they in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He just found out that she was never divorced when they married!!!

Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 hours by:
4/4/2018
Family Lawyer: S. Kincaid, Family Law Attorney replied 3 months ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified
If she was married to someone else when your brother married her, he should file for annulment, not divorce. File an innocent spouse can still get marriage like relief in an annulment, a spouse who committed bigamy cannot usually have property rights in an annulment. He will have to prove that she was married to someone else though. Should this proceed as a divorce, she would be entitled to 50% of the assets and debts acquired during the marriage. If the family home was acquired prior to the marriage, she might be entitled to reimbursement 4 community property used to increase the value of that residence. But she would not have a right to the house itself. Do you have any other questions?
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 S. Kincaid Your Own Question
S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
2,567 Satisfied Customers
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

S. Kincaid 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
I have a CA family law question Regarding a final divorce
Hi I have a CA family law questionRegarding a final divorce -spousal settlementCould I request 50% of my husbands inheritance? He's already been placed as a recipient in his parents trust bc he's hidd… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
I have an issue with an old ex of mine she won't leave me on
Good afternoon pearl my name is***** have an issue with an old ex of mine she won't leave me on my new wife alone. She claims I owe her back child support when my daughter was living with me for three… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
During marriage, when spouse transfer money, gave, supported
During marriage, when spouse transfer money, gave, supported some business open to family member, can not recovered? Is this concedered as a gift? I have to give up?I live in New York.… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
My Mother, 83 yrs old, was falsely accused by her step son
Hi My Mother, 83 yrs old, was falsely accused by her step son of stealing monies from her Husband of five years who was 90yrs old. She was mentally abused by him that she feared for her life, so scare… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Brother has had a stroke, he can speak for himself. He
My Brother has had a stroke, he can speak for himself. He was in the process of obtaining a divorce from his estranged wife, they have been separated for over 30 years. Can she now make decision for h… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
Divorced couple with joined property in California who are
divorced couple with joined property in California who are not US citizens. Wife went in the house, change lock, and refuses the request of ex-husband to sell the property. What legal action can the e… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Just curious on how to go about something. My friend who is
Just curious on how to go about something. My friend who is divorced and has been for over a year now is having issues with her ex and the bank. She says he was never on her bank accounts, and even if… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
DIVORCE LAWMy brother married a woman, had a child and
DIVORCE LAW My brother married a woman, had a child and divorced because she was in the navy, went out to sea and came home with another man's baby...I know, sounds like a country and western song. An… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
My mother's common law husband is taking control of her care
My mother's common law husband is taking control of her care and putting his name on everything that she has; even heir land. He is unable to care for her in her terminally ill situation and has isola… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Can my boyfriend's ex-wife sue me child support? Met
Can my boyfriend's ex-wife sue me for back child support? Met my boyfriend about 4 -5 years after he divorced her. They have one child. They had joint custody. We moved in together and have lived toge… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
an somebody please help me, my name is ***** ***** i went through
an somebody please help me, my name is ***** ***** i went through a a really bad I got out with my life and my children, during my marriage of 18ys, I bought tw tow truckss, and started a towing compa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
MY FRIENDS HUSBAND DIED WITHOUT A WILL. tHEY WERE MARRIED
MY FRIENDS HUSBAND DIED WITHOUT A WILL. tHEY WERE MARRIED ONLY 1 YEAR, AND HUSBANDS FAMILY DID NO ACCEPT NEW DAUGHTER IN LAW, AS THE FAMILY HAS MONEY, AND THEY THOUGHT THE NEW DAUGHTER IN LAW WAS JUST… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
Finally caught my brothers wife for selling 80% of their marital
Finally caught my brother's wife for selling 80% of their marital property under other peoples names. What can we now do to end this nightmare? Sorry, but after 3 years of hell, I want the book thrown… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
If two people got married in a foreign country (ie Iran) and then move to the US and live
If two people got married in a foreign country (ie: Iran) and then move to the US and live here for 20 years without ever getting a US marriage license but then the wife decides to break up because th… read more
LegalPro
LegalPro
Doctoral Degree
563 satisfied customers
We live in NY. My wife just discovered her ex drained their
We live in NY. My wife just discovered her ex drained their son's college fund completely. There was about $125,000 in the account and the last withdrawl was made in Jan 09. The divorce decree lists t… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My daughter is a 35 year-old Pilates instructor working as
My daughter is a 35 year-old Pilates instructor working as an independent contractor in California. She earns $40,000 annually. She met her boyfriend in January 2010, moved in with him and his 8 year-… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
My name is Barry Kughn and live in Anniston, AL. I am currently
My name isXXXXX and live in Anniston, AL. I am currently going through a divorce of a 38 years marriage. My wife, without my knowledge or consent from me, took $120,000.00 of our monies, basically min… read more
Ray
Ray
Lawyer
Doctoral Degree
33,378 satisfied customers
State of CA. Divorce Judge awarded husband approx. $10,000 to be paid by wife.
Ex-wifes payment to be made at time of sale of a home they purchased during marriage. House on market over a year.. no sale. now close to foreclosure. (CA property). Bank has asked for $1000 to cover … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers

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