accidental bigamy

What is the name of your state? Indiana

Here is the problem--my husband was told by family and friends that his wife had put out a legal notice the local paper to get a divorce and that she was remarried. They live in Massachussetts and we live here. Before we got married he attempted to get ahold of her but he could not and she never returned any calls. Point being-she called 2 weeks ago to tell him she never got the divorce and would like to get it now. OK, fine. Is my husband in trouble for marrying me? And what happens with our marrige are we not legally married? Do we marry again after the divorce? Please help if you can.

Originally posted by MamaG21
What is the name of your state? Indiana

Here is the problem--my husband was told by family and friends that his wife had put out a legal notice the local paper to get a divorce and that she was remarried. They live in Massachussetts and we live here. Before we got married he attempted to get ahold of her but he could not and she never returned any calls. Point being-she called 2 weeks ago to tell him she never got the divorce and would like to get it now. OK, fine. Is my husband in trouble for marrying me? And what happens with our marrige are we not legally married? Do we marry again after the divorce? Please help if you can.

Good grief, family and friends told him about the legal notice in the paper (service of process by publication) but he didn't bother to respond.

When he decides to get married he makes a half-hearted attempt to find out whether he is divorced but it never occurs to him to call the county courthouse where process by publication was made to find out.

Now, two weeks ago, she calls him and tells him that she never went through with the divorce, which may or may not be true, but he isn't going to make an effort to independently check it out , at least, with that same courthouse.

The criminal district attorney's office has more fish to fry than seeking out the lazy people of this world who don 't make an effort to be responsible for their affairs when they can pass on that responsibility to others. So it unlikly ( but not impossible) that they would prosecute even if they knew about it.

Now as to the status of your current marriage under Indiana Code:

IC 31-11-8-1
Marriages void without legal proceedings
Sec. 1. A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings.
As added by P.L.1-1997, SEC.3.

IC 31-11-8-2
Prior existing marriage
Sec. 2. A marriage is void if either party to the marriage had a wife or husband who was living when the marriage was solemnized.
As added by P.L.1-1997, SEC.3.

[I AM ALWAYS LIABLE]

[quote]Originally posted by Boxcarbill
[b]

"Good grief, family and friends told him about the legal notice in the paper (service of process by publication) but he didn't bother to respond.

"When he decides to get married he makes a half-hearted attempt to find out whether he is divorced but it never occurs to him to call the county courthouse where process by publication was made to find out.

"Now, two weeks ago, she calls him and tells him that she never went through with the divorce, which may or may not be true, but he isn't going to make an effort to independently check it out , at least, with that same courthouse."

=====================================

My response:

Ah, yes. The cynicism and jaded responses begin!

What did I tell you, BCB?

After awhile, some of these dumb posts just make you want to "slap" the writer around.

And, I just love the title - - "Accidental Bigamy". Did anyone ever hear of the word "diligence"?

IAAL

[HomeGuru]

I once had accidental sex.

I figured out my husband is an idiot. If I would have known that he never followed through with his divorce I would not have married him. Thanks for making me feel worse than what I already do.

[I AM ALWAYS LIABLE]

[quote]Originally posted by MamaG21
[b]


"Thanks for making me feel worse than what I already do."


====================================

My response:

You're welcome, anytime!

IAAL

[HomeGuru]

Ditto.

[stephenk]

Lady Luck has dealt you a second hand that is a royal flush! Here is your chance to be free of the idiot. Run, run, run!

Just think of all the other future problems that may arise with a hubby who lives his life like a cork in the ocean. he just bobs and floats wherever life's tide takes him.

[I AM ALWAYS LIABLE]

[quote]Originally posted by stephenk


Lady Luck has dealt you a second hand that is a royal flush! Here is your chance to be free of the idiot. Run, run, run!

Just think of all the other future problems that may arise with a hubby who lives his life like a cork in the ocean. he just bobs and floats wherever life's tide takes him.


=================================

My response:

I love it! An excellent, funny, and topical response, and so true - - especially about the "bobbing". Just loved it!

Our writer has a "voidable" marriage - - one that can be voidable merely by filing for an annulment!

Get out NOW, while the gettin' is GOOD!

IAAL

Originally posted by I AM ALWAYS LIABLE

Our writer has a "voidable" marriage - - one that can be voidable merely by filing for an annulment!

Get out NOW, while the gettin' is GOOD!

IAAL [/b]

No, Lady Luck and/or the Ill. law has dealt her a royal flush. Her marriage is void as a result of section 2, pre-existing marriage. A marriage that is solemnized in Indiana and is void under section 2, is void without any legal proceedings. She can simply walk away.

I could take a wild and crazy guess as to why Ill doesn't require any further legal proceeding for the marriage to be declared void but it would smack of being jaded. O.K. I will anyway. I bet the legislators reasoned that if there was an existing marriage still in effect at the time that of the second "marriage" then it was because one of the parties didn't go through a legal proceeding to have the first marriage dissolved. So it would be a useless act to require them go through a legal proceeding to have the second marriage declared void.

[I AM ALWAYS LIABLE]

[quote]Originally posted by Boxcarbill
[b]No, Lady Luck and/or the Ill. law has dealt her a royal flush. Her marriage is void as a result of section 2, pre-existing marriage. A marriage that is solemnized in Indiana and is void under section 2, is void without any legal proceedings. She can simply walk away.

==================================

My response:

BCB, that may be true (and I don't doubt that it is). However, what happens to the marriage certificate that was filed on the second marriage - - especially when County / State records would still indicate that our writer was married?

Anyone looking up the marital history of our writer would find that she was married, without any indication that the "marriage" has ended. Does the filed certificate go into "Limbo"?

While it is "not necessary" to obtain an annulment, for the sake of that "certificate" still on file, and if she ever had to prove that her marriage was void, I would still suggest that she get her marriage "officially" voided by the court.

IAAL

Thank you for the last replies. I wasn't sure if I needed to file in court but I think for safety sake I will. I wouldn't want to be irresponsible like my husband-oh wait-he isn't that anymore. Do any of you know if I will have to establish paternity for our 2 sons before going after support since we were actually not married at the time of their births? I am so unprepared for this but I guess no one is prepared for the fact that thier husband is married to someone else. I still can't believe how easily I can walk away on this. So basically I show proof of his marrige and I get an annulment. Will the annulment and child support have to be separate issues or can they be done together? I feel like maybe I should be getting an attorney but I am a stay at home mom with zero income. Which of course, will now change. I have zero income, is this easy enough to do by myself?

[I AM ALWAYS LIABLE]

My response:

Most Family law attorneys will give you a free initial consultation. They will also discuss their fee structure, and the potential for requiring your "husband" to pay the fees and costs.

It's time to "let your fingers do the walking in the Yellow Pages" under "Attorneys."

IAAL

[quote]Originally posted by I AM ALWAYS LIABLE
[b]

Originally posted by Boxcarbill
No, Lady Luck and/or the Ill. law has dealt her a royal flush. Her marriage is void as a result of section 2, pre-existing marriage. A marriage that is solemnized in Indiana and is void under section 2, is void without any legal proceedings. She can simply walk away.

==================================

My response:

BCB, that may be true (and I don't doubt that it is). However, what happens to the marriage certificate that was filed on the second marriage - - especially when County / State records would still indicate that our writer was married?

Anyone looking up the marital history of our writer would find that she was married, without any indication that the "marriage" has ended. Does the filed certificate go into "Limbo"?

While it is "not necessary" to obtain an annulment, for the sake of that "certificate" still on file, and if she ever had to prove that her marriage was void, I would still suggest that she get her marriage "officially" voided by the court.

IAAL

I don't know what happens to the marital history, maybe Ill. only requires the filling of a form to be recorded in the marriage records of records of the county or maybe at a central location for state records. I'm certain that if the first marriage was not dissolved, and who knows whether it was or was not, that she should could find out the proper procedure by talking with a family law lawyer in Ill.

Anyway, I did not wish to leave without saying, good-by, idios, farewell, IAAL. It has been a real hoot and you are one funny guy. I can't remember the last time that I've laughed so hard (excluding when I was watching "South Park.") But I've enjoyed about all the hen's tripe (in custody, child support and visitation thread) that I can stand. So, happy trails to you until we meet again. . . .

In the last 2 months, I find out my "husband" has left out the children and wife in his life not once but twice and you call me a hen. It is too bad that I am not as perfect as you. Then I would not have had to endure your insults. Nothing like kicking people when they are down.