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

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?

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Attorney answers 1

Posted

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 legal advice. Each person should make his or her own decisions. In addition, the decision to hire an attorney should be based upon several factors, and not upon any single advertisement.

Asker

Posted

Best Answer I've ever been given... The divorce was in 1972 in Des Moines, Ia. What I am trying to determine is if I can prove the divorce is null and void I could then prove the susequent CS orders should also be null and void and therefore they should have reapplied for CS separate and apart from the illegal divorce... not to avoid the CS I should have paid anyway but to ensure my rights as well as everyone else's under the Court's jurisdiction. I tried to use the services of 3 lawyers on sepate occasions... in each case I ended up paying a retainer of up to $3500 with nothing being done and them asking for another retainer. I never found out anything more than I already knew. But I thank you for your assistance