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  #1  
Old 03-27-2009, 03:11 PM
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Join Date: Mar 2009
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Am I legally still married


What is the name of your state (only U.S. law)? Viriginia

I was married to my 1st husband and he handled the divorce which he told me it was final 10/1990. I married my 2nd husband 6/1992. 2nd husband was in jail and I paid for a divorce but he would not sign at the time and I didn't have the funds to pursue without his signuature so the case has been purged. After doing some research I found out husband #1 never got our divorce finallized until 5/1994. So is my marriage to husband #2 legal? I do not know where to locate husband #2 and I want to finally get the divorce if needed. I did find out 3 years ago husband #2 had gotten remarried but to my knowledge we are still married because I never received any divorce documentation from husband #2. So first am I legally married to husband #2 and do I need to file divorce papers?
  #2  
Old 03-27-2009, 03:35 PM
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Join Date: Mar 2008
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Quote:
Originally Posted by Queenof2 View Post
What is the name of your state (only U.S. law)? Viriginia

I was married to my 1st husband and he handled the divorce which he told me it was final 10/1990. I married my 2nd husband 6/1992. 2nd husband was in jail and I paid for a divorce but he would not sign at the time and I didn't have the funds to pursue without his signuature so the case has been purged. After doing some research I found out husband #1 never got our divorce finallized until 5/1994. So is my marriage to husband #2 legal? I do not know where to locate husband #2 and I want to finally get the divorce if needed. I did find out 3 years ago husband #2 had gotten remarried but to my knowledge we are still married because I never received any divorce documentation from husband #2. So first am I legally married to husband #2 and do I need to file divorce papers?
I think you'd better see an attorney. Technically, you were a bigamist and if husband #2 had wanted to challenge the marriage at that time, he could have had it voided. After 15 years, though, it's too late. Husband #2 could claim to be married as a putative spouse. However, husband #2 probably doesn't want to make that claim because that would make HIM guilty of bigamy. Let an attorney straighten it out.

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  #3  
Old 03-27-2009, 05:30 PM
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Join Date: Mar 2009
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Wow


Thanks for the information and that is what I thought. But there is still the matter also if husband #2 comes up if he did get remarried what would his marriage be.
  #4  
Old 03-27-2009, 05:38 PM
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Join Date: Dec 2005
Location: Ohio
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Originally Posted by Queenof2 View Post
Thanks for the information and that is what I thought. But there is still the matter also if husband #2 comes up if he did get remarried what would his marriage be.
He would be as guilty of bigamy as you are and his second wife could have it voided. And have him prosecuted. Of course he could have you prosecuted. Maybe you would get adjoining cells.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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