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Petitioner Claims Mexican Divorce is Invalid


Dolores Lamb, the petitioner in this case is seeking support from the respondent for herself and her three children. The respondent in this case is Charles Lamb. The case is being heard in the Family Court in the City of New York located in New York County.

Case Background

A New York Family Lawyer said this case provides and interesting set of circumstances as brought forth by the respondent. The respondent was married to the petitioner in a ceremony held in Connecticut on the 23 of September, 1954. At this particular time, the respondent’s former wife “Marjorie” was still alive, but mentally incompetent and homed in an institution.

Prior to his marriage to the petitioner the respondent obtained a divorce from Marjorie in an Mexican court. The petitioner claims that because of this unilateral divorce from Marjorie, the marriage between the petitioner and respondent’s marriage is valid.

The respondent argues that the unilateral divorce he obtained in Mexico from Marjorie was without her consent as she was incompetent and could not provide consent in the matter and for this reason the divorce is a complete nullity. A New York Custody Lawyer said he further argues that because the divorce is a nullity that the subsequent marriage to the petitioner is a nullity as well.

The petitioner has responded that the argument that the Mexican divorce is invalid is void since he was the one who procured it and that she was misled by the respondent into thinking the divorce was valid.

Case Discussion

The facts of the Mexican divorce are relevant in this case as they provide the basis for the argument made by the respondent. It is discovered that the respondent traveled to Mexico City for the sole reason of consulting a lawyer and obtaining a divorce from his first wife. He filed and signed the papers and the divorce decree was issued to him not long after.

The respondent then left Mexico City and returned to New York, where he currently resides and maintains a professional practice.

The court has determined that the divorce decree from Mexico must be determined to be valid. The respondent was then married to the petitioner and now the question before the court is the amount of support that should be provided to the petitioner and the children from the marriage.

Court Decision

A Queens Family Lawyer said to determine the appropriate amount for support of three children the court has been presented with the taxes of the respondent. The court has considered the cost of housing and raising three children and considered the income of the respondent in determining the amount of child support. The court rules that the respondent will pay $12,000 per year in support for the children. This is broken down into monthly payments of $1000 that will be paid directly to the petitioner. The respondent and the petitioner have the option of prorating the payments into a weekly payment. The respondent will also provide medical insurance and care for all of the children. A Queens Custody Lawyer said the respondent will be granted visitation rights that can be worked out between the two parties. In addition, the respondent is required to pay the necessary attorney fees for the petitioner involved in this matter.

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