Complicated Divorce Advice

[Lawdawg1]

Hello,
I am looking for legal advise regarding a messy divorce. A female friend of mine has been married for 14 years, and has two boys ages 10 and 12. Recently the husband was fired from his job for sexual harrassment, about 2 months ago, and now has been found (and admitted) to having an extramarital affair. He will most likely find a job in sales locally, and acts as though nothing ever occurred. She wants to go forward with a divorce...does not work and would have to return to the work force. They are both functional alcoholics, and he is bi-polar/manic depressive. He is mentally abusive to her, and she finally recognizes that she needs to get out of the marriage. They own a house that is fully mortgaged, and she is trying to determine the best way to get out of the marriage, holding him responsible for alimony. My advise to her is to seek therapy and legal counsel, but I was wondering if she should stay where she is with the boys and deal with his manic disorder while going through/resolving this. Was wondering if anybody could share legal mines/pitfalls to a situation such as this. He will most likely blame her for everything, and may attempt to mind control the situation. Thx

 

[Duranie]

We cannot possible tell your friend is she should stay or go. He has had an affair, he is mentally abusive, how is staying in this marriage going to benefit the kids?

First they both need to get help for the drinking.

I encourage her to see an attorney about keeping the divorce as amicable as possible.

Depending on what state she is in, she might be able to do a no fault divorce.

She could ask for custody, child support and some sort of temp. alimony to get her on her feet.

Really only a divorce attorney can guide her in the right direction. She can also see if her court offers mediation, which can save alot of $$$ but only if both parties are somewhat agreeable to what they want.

 

[cherylrenee]

Can I get this marriage annuled?

I "married" my husband 4 years ago. I just found out that he was married twice before me. I knew about the first wife, but not the second. He lied when we went to get our marriage license. He told the court that he had only been married once and swore to that effect. Now, he swears that he is divorced but can not produce divorce papers. I want to annul this marriage. He married me under false pretenses and lied to the state of PA. In addition, we have not had marital relations in 2 years. What are my options/

 

[Duranie]

If he did not legally divorce his second wife, your marriage does not legally exist.

 

[cherylrenee]

But, suppose he did divorce her? Can I still get an annulment?

 

[Duranie]

If he was legally divorced, then you probably should just go through with a divorce rather than an annullment. It is much easier to divorce, if you want to pursue an annulment and have grounds for one, see an attorney.