By Gerald Nissenbaum / Divorce 411
Boston Herald (Massachusetts, USA)
Q. I was born in Cambodia and brought to the United States as a child.
I married a U.S. citizen, whom I’ll call Robert. Soon after, I met a man, whom I’ll call Joe, who is also from Cambodia. He asked me to marry him, knowing I wasn’t divorced from Robert. Joe told me that in Cambodia, a man or a woman could have more than one spouse.
So we went to Cambodia, where an elder of his tribe performed a marriage ceremony, after which we returned to live in Massachusetts, where we had two children.
Now Joe has moved out. He claims our marriage isn’t valid because I was and still am married to Robert, so I can’t get any alimony or equitable distribution.
Is he right?
- D.D., West Brookfield
A. In 1982 the Cambodian National Assembly and the Council of the State of the People’s Republic of Cambodia, similar to the U.S. Senate and House of Representatives, passed Decree No. 04 Kr. Article 6 provides that a marriage is prohibited for a “person who was bound by prior marriage which is not yet dissolved.”
That’s you. Because you were still married to Robert, your tribal marriage ceremony to Joe was void from inception. Because there may be a critical fact you didn’t tell me that might lead to a different result, you should consult with a lawyer experienced in international divorce issues.
The Massachusetts court can only award you child support and, perhaps, a share of assets that you and Joe jointly acquired while you lived together.
Sometimes even a louse, like Joe, is right.
I married a U.S. citizen, whom I’ll call Robert. Soon after, I met a man, whom I’ll call Joe, who is also from Cambodia. He asked me to marry him, knowing I wasn’t divorced from Robert. Joe told me that in Cambodia, a man or a woman could have more than one spouse.
So we went to Cambodia, where an elder of his tribe performed a marriage ceremony, after which we returned to live in Massachusetts, where we had two children.
Now Joe has moved out. He claims our marriage isn’t valid because I was and still am married to Robert, so I can’t get any alimony or equitable distribution.
Is he right?
- D.D., West Brookfield
A. In 1982 the Cambodian National Assembly and the Council of the State of the People’s Republic of Cambodia, similar to the U.S. Senate and House of Representatives, passed Decree No. 04 Kr. Article 6 provides that a marriage is prohibited for a “person who was bound by prior marriage which is not yet dissolved.”
That’s you. Because you were still married to Robert, your tribal marriage ceremony to Joe was void from inception. Because there may be a critical fact you didn’t tell me that might lead to a different result, you should consult with a lawyer experienced in international divorce issues.
The Massachusetts court can only award you child support and, perhaps, a share of assets that you and Joe jointly acquired while you lived together.
Sometimes even a louse, like Joe, is right.
7 comments:
what's this? Is it a joke? I don't get it.
12:20PM!,it's about a slut who fooled around behind her husband back ,and try to live on both world.
All of you are crazy. Why do you marry an other guy before devorce?So you deserve to get what you did .
"He asked me to marry him" was not appropriately stated because the word "marry" means that she's legally married. She was not unless she was divorced from Robert. What an easy-going girl!
She was raised here, so she should know the legal system here.
I believe this girl (woman) has been trying to fool around.
My suggestion to her is go live with another man.
After all, is this a joke or what?
Hey KI, posting a thing like this is a waster of time to my opinion.
Soemtimes the world is very small.
I think I know you!
Yes Alimony you can get only for the children not for you
however
there may be a way but I cannot tell you this in public.
If you are THIDA which lived before in Tuol Kok I can help you.
I am your OLD FRIEND which gave you advice at Yahoo chat.
If you are Thida contact me,
if not, sorry that I cannot help you.
At this age, she would at least know some basic rule of laws - She was not leaving in Khmer Rouge era where evryone was prohibited from reading...
“Joe told me that in Cambodia, a man or a woman could have more than one spouse.”
There no such thing woman is allowed to have multiple spouses in Khmer culture. Joe is lying, you big dummy.
I agree with 2:12PM. It is a fact that state will force Joe to pay a child support, but not alimony for this lady. In US, they have law to protect both man and woman, so its citizens wouldn’t pull something like this off. She well aware that she can’t legally marry Joe in United States because she is not yet divorce from Robert, and so she went to marry Joe in Cambodia. By doing so she gets only a Common Married status, which her married is not legal in Massachusetts. So, no alimony for her.
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