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Can an annulment be granted without the knowledge of the other party? HELP!

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bcever


Arresto Menor
SITUATION: I have a bf who’s married and they have a 4yr old son. He’s the 2nd husband (wife got annulled from the 1st husband- with 1 kid also). They got separated (before we met) because he found out that she was cheating and because of continuous arguments.etc. The wife has their kid which he regularly visits and gives financial support monthly. After 2 yrs, my bf was informed that they were annulled and she (wife) got married-3rd time (told on the same day). The (ex)wife said she didn’t tell that she filed and got the annulment granted because she doesn’t want to him to move on (for some reason) and live a single life and might stop the financial support.

QUESTIONS:

1. Can an annulment be filed and be granted without the knowledge of the other party?
2. Is there a ground/case for not telling the other party that kind of information?
3. If it cant be granted without the knowledge of the other party, what case can my bf file against his (ex) wife and 3rd husband?
4. How can my bf get the custody of their kid?
5. Is there a case can be filed against my bf/me?
6. What if the 1st marriage found not yet annulled after 2nd marriage, is there a case that can be filed against her by my bf? Does it mean that their kid then is an illegitimate child?

Thank you so much. Hope to hear from y’all soon!

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attyLLL


moderator
shouldn't you be rejoicing? if the marriage is annulled, then your relationship is completely legal.

1) technically, no, but happens all the time. his remedy is to have the decision annulled for lack of due process so that his marriage will be reinstated.

2) possibly perjury if she deliberately put a wrong address

3) adultery, but after the annulment is recalled

4) he will have to file a petition for custody

5) technically no, because he is legally single

6) you mean he is not sure if the first marriage is annulled?


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lOst_StuDent


Prision Correccional
attyLLL wrote:shouldn't you be rejoicing? if the marriage is annulled, then your relationship is completely legal.

this is exactly my immediate impression.Smile

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bcever


Arresto Menor
thanks for your reply.

happy, yes...but we were not sure that its possible.we just want to know first if indeed it can happend, that annulmet can be granted without his knwledge. he really wanted to get the custody of their kid thats why we wanted to know what possible cases can he file against his ex-wife so that he has a strong case when he files custody...(kid is below 7yrs old).

well, he said the girl was annuled on the first one,they were processing it before they got married.although he's not sure if it was filed in NSO.

Thanks a lot!

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bcever


Arresto Menor

my bf really wants to get the custody of the kid. i guess before we actually start rejoicing, we wanted to know what would be the smartest action/move he would do to have a strong case against the ex-wife so he'll be granted the custody of the kid esp that the kid is below 7 yrs old? thanks a lot

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attyLLL


moderator
first, you should confirm all this info independently. their marriage certificate should be annotated with the annulment. try to get a copy at the nso.

you should also try to find the court which issued the annulment decree. the decision may have something to say about custody.


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