What determines effective date of an annulment competing with the effective date of a divorce proceeding?
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What determines effective date of an annulment competing with the effective date of a divorce proceeding?
In an effective date race BETWEEN a bigamous husband’s current
attempt to divorce his first wife 1990’s AND his current
wife’s attempt to annul her current marriage to him her
liability to pay him maintenance pension benefits is at
stake THEN if both actions are individually legally
successful, WHAT determines resulting legal precedence – the
earlier date on the date-stamped initial court filing OR the
earliest court date of each final judgment?
Asked on February 22, 2019 under Family Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The date of the earliest judgment would be critical, since until there is a judgment of either divorce or annulment, they are still married--filing by itself does not change their marital status. Marital status is only affected by a judgment of divorce or annulment, so that is the critical date.
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