How can a divorce be made null and void and would all subsequent orders based on the divorce also become null and void

Asked over 2 years ago - Saint Louis, MO

Lady I lived with for 7 years petitioned court for a divorce even though she knew I was legally married to someone else. I was not present at the divorce prceedings. The Lady withheld information from the Court that gave her the divorce that, I was married to someone else. In addition to that the Court should have known that I was married because another State and my wife filed a child support petition against me, (which I won). So I'm asking 1. If I could prove that should I be able to have the divorce ruled null and void and, 2. would the child support orders resulting from the divorce order also be null and void?

Attorney answers (1)

  1. Margaret Susan Price

    Contributor Level 10

    Answered . It is always easier to avoid a problem than to try to clean up the mess afterward. If you had gone to the court at the time of the divorce and told the judge your situation, the judge probably would have thrown out the divorce proceeding.

    Your ex should have stated in her Petition the date of marriage. It would be interesting to know how she handled that issue. Even though you lived with the second woman for seven years, if it was in the state of Missouri, your don't have to worry about it being considered a common law marriage, as common law marriages were abolished in Missouri in 1920.

    If you had children with the second woman, the court can issue orders concerning their custody and support, whether you were married or not.

    What you need to do now depends upon how long ago the divorce was entered by the court. Different procedures are used during different time periods. One thing is certain - you should have a lawyer try to get this straightened out. This is not something a pro se litigant should attempt. Good luck to you.

    Ms. Price's posting here on avvo.com does not create an attorney-client relationship, and does not constitute... more

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