Here or in Cambodia, one marriage at a time

By Gerald Nissenbaum
Sunday, April 19, 2009

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.

Visitation wanted

Q. I got divorced without getting visitation rights with my kids.

About a year ago, my ex-wife moved with the kids to New York.

How do I get visitation rights?

- R.R., Charlton

A. Once your kids were outside Massachusetts for six months, the commonwealth lost all power to modify visitation and custody. All other states keep that right if one parent remains in the first forum.

You need to get a certified copy of your divorce judgment from the court. Next, hire a good family law attorney in or near the city or town where your ex now lives. Then file a complaint for modification. Finally, you’ll need to prove there’s been a substantial change in circumstances since the divorce.

Gerald L. Nissenbaum has been a trial lawyer in Boston since 1967 and concentrates his practice on family law. Any legal advice in this column is general and does not establish a lawyer-client relationship. Send questions to dearjerry@bostonherald.com.