Bam Margera asks judge to dismiss wife’s divorce filing after claiming he can’t see his son
Bam Margera is trying to get the judge overseeing his divorce from ex-wife Nikki Boyd to throw out the whole thing.
The 43-year-old former Jackass star, who claimed late last month that he had given up alcohol for good, filed to have the divorce dismissed at the same time as he tried to move up the next hearing, according to documents obtained by TMZ.
The reality star claims that her ex is not allowing her to see their young son Phoenix, though she claimed in her own presentation that his lack of visits is due to her own bad behavior.
DailyMail.com has contacted a representative for Margera for comment.
As it is, the next scheduled hearing in his divorce case is set for July 11, but the skater doesn’t want to wait that long.
Throw it out: Bam Margera, 43, is trying to get the judge overseeing his divorce from wife Nikki Boyd to throw out the whole thing, according to documents obtained by TMZ.
Speed it up: The Jackass star also wants a judge to move up a hearing previously scheduled for July 11, as he claims Boyd isn’t letting him see his son Phoenix and therefore doesn’t want to wait that long.
Margera and her representatives say they want to move up the hearing because she reportedly hasn’t been able to see Phoenix and therefore doesn’t want to go a month and a half without spending time with the boy.
Part of her justification for the request to dismiss the divorce petition is her assertion that she was never legally married to Boyd.
He said in documents obtained by People in early May that she had never taken or used his legal name, and that they had “never been married, legally or otherwise.”
The couple had a wedding ceremony in 2013 in Reykjavik, Iceland, and Margera subsequently posted a video of the nuptials on YouTube.
It is not clear if the couple had legal documentation of the union from Iceland or if they ever obtained a marriage license in the US.
However, it is not a requirement for women to use their spouse’s name as part of the marriage.
Boyd’s lawyer later said page six that she was under the assumption that they had been legally married for years after the ceremony.
“They told him that the wedding would take place in Iceland and that everything was arranged. He had a wedding ceremony and then returned to the United States and lived as a married couple with Bam for years,” said her attorney, David Glass.
Confusion: Margera’s justification for asking to have the divorce thrown out is her claim that they were never legally married. The two had a ceremony in Iceland in 2013 and Boyd says he believed it was official; seen in 2012 in Philadelphia
All an illusion? Boyd’s lawyer said she believed Margera had handled the paperwork in Iceland and they lived as a married couple for years.
She stated that she believed that all the necessary paperwork had been taken care of before the couple returned to the United States.
But now Margera appears to be using the confusion over the status of her marriage to try to end her divorce filing.
You may still be in trouble, as Boyd’s lawyer claimed they could still be considered ‘putative spouses’ under California law, even if they weren’t legally married.
The term refers to a technically invalid union in which the parties believed themselves to be married and entered into the arrangement in good faith.
In his response to Margera’s submission, Boyd urged the judge to stick to the previously determined schedule for the next hearing.
He claimed that his ex can still visit Phoenix, as long as he is in California at the time and is sober.
It seemed like a thinly veiled shot at the prankster, as he’s been spending time out of state and on the East Coast in recent months, which would apparently make visits impossible under current rules.
‘Mister. Margera continues to claim to be the “damaged” party because she does not see Phoenix, even though she placed herself 3,000 miles away after exposing the child to drug and alcohol abuse and abuse,” Boyd’s attorney told TMZ.
Although Margera claimed in late April that he had stopped drinking alcohol, his brother accused him of having a methamphetamine habit.
Fighting back: In his response, Boyd claimed that his ex can still see his son, but he needs to be in California and sober. It was an apparent blow to Margera, who has been to the East Coast at times in recent months and has publicly battled drug and alcohol abuse.
Jess Margera stated that ‘since his addiction to methamphetamine, [Bam is] unrecognizable’ in a tweet, adding that he doesn’t ‘know what [Bam is] able to.’
He also expressed concern for the eight-year-old son of Margera’s current girlfriend.
Earlier this month, margera it was delivered after criminal charges were filed against him. He is charged with assaulting his brother and making terrorist threats against other family members.
The skateboarder was released on $50,000 bail after pleading not guilty.
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