Legal Question in Family Law in Washington

domestic violence-divorce-Putative spouse?

domestic violence, i am failing divorce or legal separation - what gives me more financial support?

i got married 2000. my husband's dissolution of previous marriage in 1998, but there one more dissolution of same marriage in 2001 and even doc from lawyer 2002 of their financial closeouts. no remarriage after 1998. just shown separation in 1999 and marriage in 1992. does it mean that my husband married illegally to me during his separation? is possible that his ex filed for illegal divorce in 1998 since she didn't receive her settlement? she found a lawyer after 1998 and finally received financial settlement from my husband in 2002. no children that marriage. if he married to me by knowing that he is still married to her, maybe there some financial profit for him? on the day of our marriage i had a son from my previous marriage, so we had a full family. there approvals for his domestic violence history. during our marriage husband sold his sole property that he bought before our marriage and we bought new house. he is the only owner. i signed quit claim deed 2003. he pays all bills for house. i sold my aprtmnt i had before my marriage 2005. do i have rights f/house? what else i may claim for?

we have no children under 18


Asked on 5/31/07, 10:32 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: domestic violence-divorce-Putative spouse?

Breathe. If you are in danger or afraid contact the closest domestic violence helpline you can find. Talk with a counselor, let that person sort out whether you need to get out right this minute or whether you would be safer to plan your escape.

It is absolutely impossible to tell whether your husband is a bigamist or not without seeing the pleadings from each action and checking with the State.

The cases are public record in the county where the divorces were filed and resolved (or not). Go there. Find out.

If you believed that you contracted a valid civil/religious marriage then you need to get a divorce if the marriage is over. START from the presumption that your marriage was valid as you have more rights than you would if the marriage was invalid for some reason (such as if he was all ready married). Bigamy is a felony. If you can show - through the documents - that he was married to more than one wife at one time, you should make a police report about this.

I don't see how there is a financial benefit to committing a felony.

Signing a quit-claim to your spouse's property is an issue, but not an insurmountable one. You have a right to be supported and feel safe while your divorce is pending and your settlement will depend on the specifics of your situation.

WA is a community property state. Half of everything he has is yours; and half of everything you have is his.

You are entitled to half the community property and perhaps more. This is not California where settlements are 50-50. WA uses 'just and equitable' which is a lot looser.

Please sort out the DV issues first, and then contact a good, local family law attorney for help sorting out your situation. I'm in no position to help you based on this information you provided, I don't know enough to make an opinion.

Hope this helps. Elizabeth Powell

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Answered on 6/01/07, 1:42 am


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