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Family Court Strategies: When Your Partner Has BPD OR NPD Traits. Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Author Topic: How Do You Prove a Marriage is "Real?"  (Read 411 times)
toomanydogs
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Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Living Apart
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« on: April 26, 2019, 10:26:22 AM »

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slow slow movement on the never-ending divorce. and i just heard from my L, who is suggesting we have witnesses to rebut claims by my STBX FIL that my marriage to his son was not "real."

i have no idea what kind of person would take that on.

suggestions?

TMD
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Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world... Einstein
I Am Redeemed
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« Reply #1 on: April 26, 2019, 10:30:49 AM »

What does he mean not "real"? As in married on paper only, but not in an actual married relationship?

Why would the court even entertain such a claim?
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worriedStepmom
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« Reply #2 on: April 26, 2019, 10:39:08 AM »

Did the two of you socialize together with friends?  Are there people who've heard your STBXH call you his wife?  Who've seen you do loving things together?

Those are probably the kinds of things that your L is talking about, but you should ask for more information.

If they want to prove consummation...that's a little different story.
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toomanydogs
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« Reply #3 on: April 26, 2019, 11:00:25 AM »

What does he mean not "real"? As in married on paper only, but not in an actual married relationship?

Why would the court even entertain such a claim?

I'm not sure what he means by "real." My STBX was (probably still is) quite ill, quite low functioning. Towards the end of the marriage, I was put into the role of caregiver. I equated it then and still do with a wife who is taking care of a husband who is physically ill.

My STBX also had/has sexual issues--addicted to porn, specifically really out-there kind of porn. Fetish stuff, including, once he left, scatological porn. (playing with feces)

He also had impotency problems because of the meds and because at one time his diabetes was out of control

TMD

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Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world... Einstein
toomanydogs
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Relationship status: Living Apart
Posts: 561



« Reply #4 on: April 26, 2019, 11:06:20 AM »

Did the two of you socialize together with friends?  Are there people who've heard your STBXH call you his wife?  Who've seen you do loving things together?

Those are probably the kinds of things that your L is talking about, but you should ask for more information.

If they want to prove consummation...that's a little different story.
my FIL wants to annul the marriage (married in 2008). it is a money issue. if he can "prove" this wasn't a real marriage but only something I entered into to take control of STBX's money, then there'd be no payout.

FIL constantly screams about my breach of fiduciary duty. i had no fiduciary duty because i didn't control my STBX's money, only the money that was funneled into the joint bank account.

i don't have proof of consummation; however, i have erotic emails we shared going back to 2006, and i'm willing to submit those.

no, we didn't socialize in the traditional sense; however, my STBX referred to me constantly as his wife, and posted apologies to me on his Facebook. Put memes up about how he loved his wife, mentioning me by name.

i'm just (just?) tired, actually completely worn out, by FIL's antics and blustering and posturing. he's a bully, and he bandies lawsuits around about how he can charge me criminally for misappropriating money, which i also didn't do.

like i said, he's a bully. and i'm limping today.

TMD

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Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world... Einstein
formflier
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« Reply #5 on: April 26, 2019, 12:06:47 PM »


Hmm..

I would ask your L if there is any real risk of FIL "imposing" an annulment. 

Listen, you know he will claim weird stuff.  He may file a court filing saying you are an alien as well...and are communicating with people on Mars.  He may even try to prove it.

Same question..so what?


FF

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toomanydogs
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Relationship status: Living Apart
Posts: 561



« Reply #6 on: April 26, 2019, 01:47:32 PM »

FF
Thank you. That is exactly what I needed to hear. So what. He will claim lots of nonsense. Doesn’t make it true.
Thank you! 
TMD
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Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world... Einstein
formflier
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« Reply #7 on: April 26, 2019, 03:04:53 PM »


Big difference in what can be claimed..and what can be proven..and by what standard it has to be proven.  All three of those things matter greatly.

And..here is the thing...for some things he claims think about the impact of whatever is claimed be true from several angles.  Sometimes you can find a weird way to agree with the claim and flip it back on them.

FF
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CoherentMoose
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« Reply #8 on: April 26, 2019, 04:14:12 PM »

Ha! I lurk on this board all the time and I know this is serious stuff, but I laughed out loud at TMD trying to "prove" to FF she wasn't from Mars.  Be well all. jdc
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