Am i still married and what can I do?

[rrlopez]

What is the name of your state (only U.S. law)?
rrlopez in CA.
I was in the military back in 2000 and I got married through city hall in Cooks County Il. My wife was deployed to Japan and I was to follow later. She was in Japan 6mths and she called to inform me that she got pregnant by a fellow Marine and I told her that since she commited adultery and got pregnant it was on her to file for annullmen t or divorce. I told her what county. Now its 2008 and she tracked me down because she is getting married and well it ends up she never filed. i remmarried back in 2003 and got divorced in 2005. I relocated and remarried in 2006. I am happily married adn expecting a baby can this hurt me what can i do. I now my 1st wife want s to fix this so she can remarry also help please

 

[LdiJ]

What is the name of your state (only U.S. law)?
rrlopez in CA.
I was in the military back in 2000 and I got married through city hall in Cooks County Il. My wife was deployed to Japan and I was to follow later. She was in Japan 6mths and she called to inform me that she got pregnant by a fellow Marine and I told her that since she commited adultery and got pregnant it was on her to file for annullmen t or divorce. I told her what county. Now its 2008 and she tracked me down because she is getting married and well it ends up she never filed. i remmarried back in 2003 and got divorced in 2005. I relocated and remarried in 2006. I am happily married adn expecting a baby can this hurt me what can i do. I now my 1st wife want s to fix this so she can remarry also help please

You are a bigamist.

You will need to get divorced from your first wife, and get married all over again to your current wife.

 

[mistoffolees]

What is the name of your state (only U.S. law)?
rrlopez in CA.
I was in the military back in 2000 and I got married through city hall in Cooks County Il. My wife was deployed to Japan and I was to follow later. She was in Japan 6mths and she called to inform me that she got pregnant by a fellow Marine and I told her that since she commited adultery and got pregnant it was on her to file for annullmen t or divorce. I told her what county. Now its 2008 and she tracked me down because she is getting married and well it ends up she never filed. i remmarried back in 2003 and got divorced in 2005. I relocated and remarried in 2006. I am happily married adn expecting a baby can this hurt me what can i do. I now my 1st wife want s to fix this so she can remarry also help please

Hire an attorney. You're not going to clear up this mess without one.

 

[Ohiogal]

The former two posters are correct. You remarried without even knowing IF you were divorced. You were never served so why would you think you were divorced? Oh and you are also the legal father of all your first wife's children.

 

[shortnr]

Isn't the legal father whoever's listed on the birth certificate?

 

[Ohiogal]

Isn't the legal father whoever's listed on the birth certificate?

Nope. Because of the LAW.

 

[mistoffolees]

Nope. Because of the LAW.

Just to clarify, the law states that the children are the legal children of the husband of the woman who bears them - regardless of who the biological father is.

However, you can petition the court to change that. If the biological father is willing to take responsibility, it should go a little smoother. The birth certificate will be useful evidence.

 

[Ohiogal]

Just to clarify, the law states that the children are the legal children of the husband of the woman who bears them - regardless of who the biological father is.

However, you can petition the court to change that. If the biological father is willing to take responsibility, it should go a little smoother. The birth certificate will be useful evidence.

Yeah! What Misty said. Though expect the judge to order a paternity test due to the fact that momma was married to some other man at the time.

 

[Frusterated3]

They're both right. The child will be legally your responsibility until your divorce is final and paternity is determined by the courts. For instance if she has that baby and new man decides to bail...you would be responsible for support until paternity was verified. It could get messy, get that layer!

 

[div2wice]

Wow, i agree... unfortunately you're marriage is illegal and you could get into some trouble. I'm not judging you but you cannot take the word of a liar -- you should have double checked with the county to make sure it was filed. Didn't you wonder why you didn't have to show for a court date or sign any papers?

I STRONGLY suggest you file the papers yourself this time. Your current marriage is null & void -- so you'll have to re-marry her so its legal in the eyes of the military & the eyes of the law.

Its going to get messy with all these paternity issues going around -- YOU NEED to get a lawyer to get this cleaned up so you won't get into any trouble.

Good luck,
Pamela

 

[mistoffolees]

Wow, i agree... unfortunately you're marriage is illegal and you could get into some trouble. I'm not judging you but you cannot take the word of a liar -- you should have double checked with the county to make sure it was filed. Didn't you wonder why you didn't have to show for a court date or sign any papers?

I STRONGLY suggest you file the papers yourself this time. Your current marriage is null & void -- so you'll have to re-marry her so its legal in the eyes of the military & the eyes of the law.

Not to throw salt in the wound, but it may be even worse than having to file a divorce, establish paternity, and remarry his present spouse.

if his first wife can delay the divorce until 2010 (difficult, but not unheard of), she'll have 10 years - and get a big chunk of his pension almost automatically. Even if she doesn't delay, all the assets he has accumulated (including the pension) may be considered marital assets and subject to division.

This is going to be extremely messy and he needs to get to an attorney NOW.