Bam Margera is trying to get the judge overseeing his divorce from his estranged wife Nikki Boyd to throw out the whole affair.
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 while simultaneously trying to move up the next hearing, according to documents obtained by TMZ.
The reality star claims that his ex is not allowing him to see their young son Phoenix, though she claimed in her own filing that his lack of visits is due to his own poor behavior.
DailyMail.com has reached out to a representative for Margera for comment.
As it stands, the next scheduled hearing in his divorce case his set for July 11, but the skater doesn’t want to wait that long.
Toss it: Bam Margera, 43, is trying to get the judge overseeing his divorce from his estranged wife Nikki Boyd to throw out the whole affair, according to filings obtained by TMZ
Speed it up: The Jackass star also wants a judge to move up a previously scheduled hearing for July 11, as he claims Boyd isn’t letting him see his son Phoenix and he therefore doesn’t want to wait that long
Margera and his representatives say they want the hearing moved up because he allegedly hasn’t been able to see Phoenix, and therefore he doesn’t want to go a month and a half without spending time with the boy.
Part of his rationale for the request to throw out the divorce filing is his claim that he was never legally married to Boyd.
He said in documents obtained by People earlier in 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 video of the nuptials to YouTube.
It’s unclear if the couple had legal documentation of the union from Iceland, or if they had ever gotten a wedding license in the US.
However, it is not a requirement for women to use their spouse’s name as part of a marriage.
Boyd’s attorney later told Page Six that she was under the assumption that they had been legally married for years after the ceremony.
‘She was told that the wedding would occur in Iceland and that it was all taken care of. She had a wedding ceremony, and then returned to the U.S. and lived like a married couple with Bam for years,’ said her lawyer David Glass.
Confusion: Margera’s rationale for asking for the divorce to be thrown out is his claim that they were never legally married. The two had a ceremony in Iceland in 2013, and Boyd says she believed it to be official; seen in 2012 in Philadelphia
All an illusion? Boyd’s lawyer said she believed Margera had taken care of the paperwork in Iceland, and that they lived as a married couple for years
He claimed she believed the necessary paperwork had all been taken care of before the couple returned to the US.
But now Margera appears to be using the confusion around the state of their marriage to try to end her divorce filing.
He may still run into trouble, as Boyd’s attorney claimed that they might still be considered ‘putative spouses’ under California law, even if they were not 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 her response to Margera’s filing, Boyd urged the judge to stick to the previously determined schedule for the next hearing.
She claimed that her ex can still visit Phoenix, as long as he is in California at the time and is sober.
It appeared to be a thinly veiled shot at the prankster, as he has been spending time out of state and on the East Coast in recent months, which would seemingly make visitation impossible under the current rules.
‘Mr. Margera continues to claim to be the “injured” party because he isn’t seeing Phoenix — even though he placed himself 3000 miles away after exposing the child to abuse and drug/alcohol abuse,’ Boyd’s attorney told TMZ.
Although Margera claimed in late April that he was done drinking alcohol, his brother has accused him of having a methamphetamine habit.
Fighting back: In her response, Boyd claimed her ex can still see his son, but he needs to be in California and sober. It was an apparent swipe at Margera, who has been on the East Coast at times in recent months and has publicly struggled with drug and alcohol abuse
Jess Margera claimed that ‘since his meth habit, [Bam is] unrecognizable’ in a tweet, adding that he doesn’t ‘know what [Bam is] capable of.’
He also expressed concern for the eight-year-old child of Margera’s current girlfriend.
Earlier in the month, Margera turned himself in after criminal charges were filed against him. He is accused of assaulting his brother and making terroristic threats to other family members.
The skater was released on $50,000 bail after entering a not guilty plea.