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Am I married or not?

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TooManyProblems

Junior Member
What is the name of your state?CALIFORNIA
When I divorced my first husband:
In October 1992 I received a "Ruling" that stated: Dissolution Granted.
However, it turns out that my divorce was not "finalized" until 12-14-92. I didn't know or understand anything about courts back then. I was very naive and believed everything my husbands told me.
Believing that I was divorced, I married my second husband on 12-8-92, in Las Vegas. My second husband thought it would be funny to get me really drunk. I don't remember much about that night. I do, however, remember thinking how funny it was that I was writing down my first husband's name in the place of my father's name on the marriage license.
I am very sorry for my ignorance.
I haven't seen my second husband since 1998. I was going to divorce him ex-parte, and put an ad in the newspaper, but I couldn't afford it. Since then he has contacted my Mother and if he still lives at the same address long enough I could send him the papers. (he is in North Carolina)
But recently I was reading online about the California laws concerning marriage. My marriage may be either void or voidable. If it is void or voidable I am not married and do not have to legally divorce him. The law also says that if either one of us believed that the marriage was legal then all the legal stuff applies.
So...? Which is it? Am I married? Am I going to have problems with the IRS for claiming married filing separately all these years? Do I have to go to court to get paperwork stating that my name is my maiden name? or can I just use my birth certificate to change my drivers license and other ID? Am I in trouble for bigamy?
Please help me to figure this out.
 
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rmet4nzkx

Senior Member
What was the filing date of your original divorce?
Was it a regular or a summary dissolusion?
How long did you live together following the NV marriage?
 

TooManyProblems

Junior Member
rmet4nzkx said:
What was the filing date of your original divorce?
Was it a regular or a summary dissolusion?
How long did you live together following the NV marriage?
My 1st husb. filed for divorce from me on 11/22/91.
It is a "Judgment of dissolution." I beleive if I remember right it was a summary dissolution.
My 2nd and I lived together from '92 to '98.

The notice of entry of judgment has a warning that says: "neither party shall remarry until the effective date of the termination of marital status as shown in this box." the date is: dec 14 1992.
The "clerk's certificate of mailing" is dated: dec 18, 1992.
 

LdiJ

Senior Member
TooManyProblems said:
My 1st husb. filed for divorce from me on 11/22/91.
It is a "Judgment of dissolution." I beleive if I remember right it was a summary dissolution.
My 2nd and I lived together from '92 to '98.

The notice of entry of judgment has a warning that says: "neither party shall remarry until the effective date of the termination of marital status as shown in this box." the date is: dec 14 1992.
The "clerk's certificate of mailing" is dated: dec 18, 1992.
Ok...so you got married 6 days before you were technically able to do so.

You still need a divorce or annulment. The marriage is on record.
 

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