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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> void
Mar 22, 2010

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • If a marriage is declared void, will that have an affect on my adoption of her child?
  • My wife signed over custody of our kids by a letter that was signed in front of a notary. Is this a legal binding agreement?
  • Is my Ph.D. marital property that my wife has a claim to, and how will this affect spousal support? How will the value of this degree be determined?  
  • I'm in the military and deployed in another state from where I live. Where should I file for divorce?

Jan 12, 2010

Question: I am an ex spouse of a retired military officer. During the proceedings, which I had no knowledge of, I was in and out of the hospital due to my disability. 

I signed what I thought were just routine divorce papers, but instead were papers waiving my right to my ex’s retirement pay. 

Is there a way to void this since I felt tricked into doing so while being in poor medical condition?

 


Nov 29, 1999

Question:

I would like to know what the procedure is for getting out of a marriage if one finds out that his/her mate never divorced their last spouse. Is it possible to just have the marriage annulled? Also, if I do not have her address and do not know how to find her, can this be done without a lengthy time of trying to have her served?

Answer:

It sounds like your marriage is void, meaning it never existed. In order to have a valid marriage, both parties must be unmarried, if was not then your marriage would be void. You can file a Motion to have your Marriage determined to be void. Texas assumes that all marriages are valid so you will need proof that she was in fact married. You probably can do this with publication service, but you will need to check court rules.

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