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Annulment for bigamy?

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naples0805

Junior Member
My husband divorced in FL 15 years ago and married me 7 years ago in my country(I'm not U.S citizen). Recently he found out that his divorce wasn't over(his ex found my husband on FB and told him about it). Now we live oversea(not in my country) and our marriage is not valid because of bigamy...

His first wife talked to a lawyer in FL and was told that they need an annulment not a divorce. She needs to be a petitioner because she's in FL. Is it true that you don't need to file a financial document for an annulment? I thought uncontested divorce is easier, quicker and cheaper. My husband wants to save our marriage and his first wife wants to remarry someone soon. They just want to clean up their mess asap. My husband left FL to be stationed oversea the next day they married. His first wife was supposed to come later but she changed her mind and they divorced with no kids and property.

Is our marriage valid when my husband and his first wife get a divorce(or an annulment) in FL? My husband says we need to divorce and marry again in my country to make our marriage legal. Do we need to do this?

Thank you for your time.What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
US law only. You were married somewhere else and you're living somewhere else, so you'll have to ask an attorney in your country whether your marriage is valid.
 

naples0805

Junior Member
Thank you for your response.

I know U.S law only, that's why I'd like to know how it works for my husband in U.S.

Please give me some advice if someone knows about an annulment(for my husband's case). Thank you.
 

mistoffolees

Senior Member
Thank you for your response.

I know U.S law only, that's why I'd like to know how it works for my husband in U.S.

Please give me some advice if someone knows about an annulment(for my husband's case). Thank you.
Florida annulment laws are fairly unusual on 2 respects. First, there's no time limit. Second, bigamy is not specifically listed as grounds for annulment:
Florida Annulment Laws: AboutDivorce.org

It's not clear why they need an annulment - or whether they meet the grounds for annulment. Interestingly, in FL, failure to consumate is grounds for annulment. A divorce will likely be easier and simpler, though.

The only potential problem with divorce is property division. Any property that either one has accumulated since separating is still marital property (unless acquired by gift or inheritance). HOWEVER, Florida allows for unequal division, so in all likelihood, the court will simply divide the assets at the time they separated (which, if I understand the situation correctly, means that there would be NO jointly held assets) and let each person keep their assets since then.

The easiest and probably fairest thing would be to get a divorce and for the two of them to reach agreement on the assets (that they each keep what they have) and get an uncontested divorce.

HOWEVER, since bigamy is involved, your 'husband' really needs to see an attorney.
 

nextwife

Senior Member
My husband divorced in FL 15 years ago and married me 7 years ago in my country(I'm not U.S citizen). Recently he found out that his divorce wasn't over(his ex found my husband on FB and told him about it).
He's simply accepting ex's WORD that the marriage "never ended"? How was it that hubby THOUGHT he was divorced? Does he have a final divorce decree or document? Has he VERIFIED what he was "told"?

Never take legal advice from an ex or STBX.
 

naples0805

Junior Member
mistoffolees, Thank you for your help.

I agree with you and think uncontested divorce is easier and cheaper. The lawyer his first wife found said that annulment is better and they don't need to file some financial documents(I'm not sure, but paperwork for tax or income??). Is the procedure different between a divorce and an annulment?

I believe that you can't get an annulment without very strong grounds. In my husband's case, they haven't lived together in marriage because my husband left FL the next day they married. The problem is he can't prove the date. Both hadn't been married with someone else when they married, so my husband's bigamy is not ground for annulment(this is what I think). Is this available for annulment?

We are not in the U.S so can't see an attorney in FL. He let his first wife have a lawyer because he doesn't want her to screwed up the paperworks again. He says he doesn't need a lawyer. Is our marriage going to be valid in the U.S when the divorce end in FL?
 

naples0805

Junior Member
He's simply accepting ex's WORD that the marriage "never ended"? How was it that hubby THOUGHT he was divorced? Does he have a final divorce decree or document? Has he VERIFIED what he was "told"?

Never take legal advice from an ex or STBX.
Thank you for your response. I know that he was wrong!! I asked him the same thing. He doesn't have any papers for the divorce. He was oversea when they divorced 15 years ago. Maybe his ex didn't do paperwork right.

What is "STBX"? He looks like he sucks up to his ex because he is worried she'll start something by using his bigamy. She is the one who can be petitioner in FL and he is oversea and wants to clean up his mess to save our marriage.
 

mistoffolees

Senior Member
I agree with you and think uncontested divorce is easier and cheaper. The lawyer his first wife found said that annulment is better and they don't need to file some financial documents(I'm not sure, but paperwork for tax or income??). Is the procedure different between a divorce and an annulment?
I would suggest that he ask exactly what they're referring to. It could be that they're worried about tax filing status. If he had filed for years as 'single' when he was in fact married, it could be a problem. Statute of limitations would probably eliminate that problem, but if he's filing as married now (with you) when he's actually married to someone else, that might be the problem her attorney is trying to get around.

Maybe they're just trying to avoid filing the financial disclosure forms. This is required, but in an uncontested divorce where the two parties have agreed to everything, the requirement can be waived.

Or, maybe she's accumulated a lot of wealth and her attorney is trying to protect it. He just needs to ask for what the rationale is.

I believe that you can't get an annulment without very strong grounds. In my husband's case, they haven't lived together in marriage because my husband left FL the next day they married. The problem is he can't prove the date. Both hadn't been married with someone else when they married, so my husband's bigamy is not ground for annulment(this is what I think). Is this available for annulment?
Bigamy MIGHT be grounds for annulment of YOUR marriage. It could not be used to annul the first marriage (oddly, bigamy is not listed as one of the grounds for annulment in FL, anyway).

Some reports also state that if the marriage is consummated that it's difficult to get an annulment in FL even if he meets one of the grounds.
Florida Annulment of Marriage

We are not in the U.S so can't see an attorney in FL. He let his first wife have a lawyer because he doesn't want her to screwed up the paperworks again. He says he doesn't need a lawyer. Is our marriage going to be valid in the U.S when the divorce end in FL?
It is dangerous to rely on the STBX's (soon-to-be-ex) attorney for advice. In this situation, though, there's probably not too much harm in letting them draw up the paperwork. HOWEVER, he needs to review it carefully and make sure it's accurate - and consult an attorney if there is ANY question. He can hire a Florida attorney without being in Florida, if necessary.

As for your marriage, it becomes trickier. Since Florida does not provide for annulment in the even of bigamy, if you were married in FL, you're probably still married.

In other states, there are a variety of options:
- Some states, the marriage is void if one party is already married to someone else. Much like an automatic annulment.
- In other states, the marriage is voidable. That means that if you wished to, you could request that the marriage be voided on the basis of his bigamy.
- Even in the latter case (voidable marriage), in some states you give up your right to have the marriage voided if you continue to live with him after discovering the bigamy.

There are just too many factors for a simple answer:
- Where you were married
- Where you lived when you discovered the bigamy
- What action you took
- Where you are living now, and what the laws are in your current country.

It's enough of a mess that I would really suggest that you see an attorney with ALL of the details to make sure it's sorted out - or it could come back to haunt you later.
 

naples0805

Junior Member
It is dangerous to rely on the STBX's (soon-to-be-ex) attorney for advice. In this situation, though, there's probably not too much harm in letting them draw up the paperwork. HOWEVER, he needs to review it carefully and make sure it's accurate - and consult an attorney if there is ANY question. He can hire a Florida attorney without being in Florida, if necessary.

It's enough of a mess that I would really suggest that you see an attorney with ALL of the details to make sure it's sorted out - or it could come back to haunt you later.
Thank you so much for your advice. I really appreciate it. I'd like to ask you about a attorney. Does my husband need to talk about bigamy to a criminal lawyer or family law lawyer?

My husband said " I'll pay a lawyer so you find a lawyer" to his first wife. Because he can't be at court in FL so his first wife needs a lawyer to get the divorce paperwork done as soon a possible. When he asked her about fee, she told my husband that the lawyer said it costs $2000 for an annulment and court fee. It must be a retainer and no hourly fee?? My husband had no shadow of doubt that something might be wrong with it, so I told my husband that he needs to ask the lawyer. My husband emailed the lawyer about the fee because we need to know if the lawyer will charge more than $2000, but the lawyer didn't reply... We can't afford to pay thousands of dollars each for a first wife's and my husband's lawyers for a divorce with no kids and property.

I would be very grateful if you could give me some advice about lawyers.
 

mistoffolees

Senior Member
Thank you so much for your advice. I really appreciate it. I'd like to ask you about a attorney. Does my husband need to talk about bigamy to a criminal lawyer or family law lawyer?

My husband said " I'll pay a lawyer so you find a lawyer" to his first wife. Because he can't be at court in FL so his first wife needs a lawyer to get the divorce paperwork done as soon a possible. When he asked her about fee, she told my husband that the lawyer said it costs $2000 for an annulment and court fee. It must be a retainer and no hourly fee?? My husband had no shadow of doubt that something might be wrong with it, so I told my husband that he needs to ask the lawyer. My husband emailed the lawyer about the fee because we need to know if the lawyer will charge more than $2000, but the lawyer didn't reply... We can't afford to pay thousands of dollars each for a first wife's and my husband's lawyers for a divorce with no kids and property.

I would be very grateful if you could give me some advice about lawyers.
The following are general rules, so take them with a grain of salt - they may not apply:

- Both parties should not use the same attorney. Each side should have their own attorney. Even if there's only one attorney being used (i.e., your husband lets his first wife's attorney handle everything), then the attorney can only legally and ethically represent one person, so your husband would not be represented - no one is protecting his interest.

- If the annulment is simple and no problems arise, it may be OK to have the first wife's attorney handle it, but I would definitely spend the couple hundred dollars to have his own attorney review the final documents before they are submitted. At the very, very least, make sure that your husband receives the documents before they are submitted to make sure there is nothing in there that he doesn't agree to.

- Generally, attorneys do not give flat fees for anything but the simplest transaction. I obviously don't know what was discussed, but typically, the fee discussion above might have been something like "it will cost you $2,000 plus fees if there are no problems and no delays. If it goes beyond 6 hours of my work, it will be an extra $300 per hour".

- The lawyer above would not be able to reply to your husband because your husband isn't his client. The first wife is. An attorney can not discuss a case with anyone but his client.

- For your husband's situation, I would probably go to a family law attorney first. They can tell him if he needs a criminal law attorney, but I doubt if it will go there since he hasn't been charged with a crime yet and it doesn't seem likely that he would be unless you make an issue of it. Of course, that only applies with the US portion of the case. I have no idea where you're living nor would I know the laws in your country even if I did.
 

naples0805

Junior Member
mistoffolees, Thank you again!

My husband found out about this in March or April, but actually he hasn't done anything for avoiding a trouble of bigamy because of financial problem. Also, he's afraid that a judge will charge him with bigamy or his first wife will get him in trouble at the court.

So he asked me to fly to my country to divorce to get rid of bigamy and marry again when he finishes the divorce(or annulment) in FL. Do you think something is going to change by doing this?? It's not easy because we need to spend more than $2000 for tickets. I'd rather not do this at all if we don't need to.

I have some questions about annulment again. Do they need to prove and show the evidence that their marriage never valid at the court? He has no marriage license(can't prove when he married) and a passport or documents(can't prove when he left FL). Could you give me a idea how long it takes roughly to get an annulment??
 

LdiJ

Senior Member
mistoffolees, Thank you again!

My husband found out about this in March or April, but actually he hasn't done anything for avoiding a trouble of bigamy because of financial problem. Also, he's afraid that a judge will charge him with bigamy or his first wife will get him in trouble at the court.

So he asked me to fly to my country to divorce to get rid of bigamy and marry again when he finishes the divorce(or annulment) in FL. Do you think something is going to change by doing this?? It's not easy because we need to spend more than $2000 for tickets. I'd rather not do this at all if we don't need to.

I have some questions about annulment again. Do they need to prove and show the evidence that their marriage never valid at the court? He has no marriage license(can't prove when he married) and a passport or documents(can't prove when he left FL). Could you give me a idea how long it takes roughly to get an annulment??
You doing that would change nothing for him. It will not erase the 7 years worth of bigamy.
 

mistoffolees

Senior Member
mistoffolees, Thank you again!

My husband found out about this in March or April, but actually he hasn't done anything for avoiding a trouble of bigamy because of financial problem. Also, he's afraid that a judge will charge him with bigamy or his first wife will get him in trouble at the court.

So he asked me to fly to my country to divorce to get rid of bigamy and marry again when he finishes the divorce(or annulment) in FL. Do you think something is going to change by doing this?? It's not easy because we need to spend more than $2000 for tickets. I'd rather not do this at all if we don't need to.
See my above response about void vs. voidable marriages. In some states, the marriage is automatically void if it is bigamous. In others, it is voidable. In others, it may be voidable, but if you continue to live with him after finding out about the bigamy, you lose the ability to have the marriage voided. There are a lot of scenarios.

Frankly, it's serious enough that you should be consulting with an attorney. A brief consultation won't cost that much (sometimes it's free for the initial consultation), so you really need to find out where you can stand after you lay out all the details needed to assess this.

I have some questions about annulment again. Do they need to prove and show the evidence that their marriage never valid at the court? He has no marriage license(can't prove when he married) and a passport or documents(can't prove when he left FL). Could you give me a idea how long it takes roughly to get an annulment??
Yes, to get an annulment, you need to show evidence that the marriage meets the requirements for annulment in that state. The amount of time it takes varies a lot. The time when he left is meaningless. However, if he doesn't have a passport, was he in the country illegally? That could complicate matters, as well. He really needs his own attorney.
 

naples0805

Junior Member
Yes, to get an annulment, you need to show evidence that the marriage meets the requirements for annulment in that state. The amount of time it takes varies a lot. The time when he left is meaningless. However, if he doesn't have a passport, was he in the country illegally? That could complicate matters, as well. He really needs his own attorney.
He was stationed oversea as military so didn't need a passport.

Let me make sure one thing. In uncontested divorce(annulment), you don't need to file a financial disclosure form as long as they both agrre to everything. The requirement can be waived.

But I saw a article about divorce in Florida on internet and it said "financial affidavit" must be filed for family law cases in FL. The financial affidavit is different from the financial form you talk about??
 

naples0805

Junior Member
mistoffolees, please teach me one more thing.

Annulment petition need to be filed for annulment, but other than that, the paperwork for annulment(uncontested) is basically the same as uncontested divorce?
 

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