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Bigamy

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Grace_Adler

Senior Member
What is the name of your state? VA

Where to begin?

Ok, had a friend call me up a few minutes ago and she is really upset. She is currently married and someone she thought was a friend went digging into her past and found out some information and is now flaunting it in her face and threatening to go to the authorities with it.

The information they found out is that when she married her current spouse, the papers from her divorce from her previous marriage had not been filed so she was still legally married to the other person when she married her current spouse.

Everything had been drawn up by an attorney and all that was left to do was to have the final decree signed by the judge and filed. Well, she called the attorney a month before she got married to see if everything had been taken care of and the attorney assured her it was. So she went on the attorney's word and proceeded to get married. She is seriously kicking herself in the rear for just going on the attorney's word but she can't fix that now. She married in Oct. and learned the final decree was not filed until Feb.

So, now she is freaking out. This so called friend is threatening to go to the authorities with this information. From what I understand bigamy is a felony. She's worried about being arrested and other repercussions. I take it this means that her current marriage is null and void? So basically what she wants to know is how to go about fixing this mess.

Also she would like to know if VA is a one party state as far as recording goes. She wants to know if she can record this person on the phone legally because they are making serious threats to her, they have already kicked in her car door and she had to take a restraining order out on them.

Thanks in advance for any help.
 


CMSC

Senior Member
has she tried to contact the attorney who said they would file the paperwork? Well legalbeagle gave you the info I was going to give you...that's about all I know!:confused:

In my state you can't get married until the divorce has been final for a year, I believe. Did your friend attend a divorce hearing?
 

Grace_Adler

Senior Member
LegalBeagle, we thought so too. Thanks for confirming.

ryry's mom, thanks for responding. I don't know if she had to attend one. I forgot to ask. I think it was uncontested. She told me everything had already been signed and all that was left to do was file. It finally did get filed in Feb. but that of course was too late, the marriage had already taken place.

I don't know if she notified the attorney yet. I'll try to email her and see. I hope she has her laptop with her cuz she called me from a motel. She's away at graduate school and is afraid to stay at her apartment because of this person and for her to be scared tells me they are very dangerous.
 

stephenk

Senior Member
when she gets hold of her attorney ask him/her to file a motion to have the judgment entered nunc pro tunc to a date prior to her marriage date. it is a request for the court to change the divorce date to an earlier date.

OR

she can get an annulment then remarry.
 

Grace_Adler

Senior Member
Thank you so much! That is a big help! I was beginning to give up and think that no one knew. She is under so much stress right now, I'm sure she will be relieved to hear that. If I get hold of her, I'll give an update but she is really hard to get hold of. As a matter of fact, she was supposed to call me back tonight and never did. Great..now I am worried! :(
 
Last edited:

Grace_Adler

Senior Member
Update:

My friend emailed me today and she wanted to thank everyone for the advice. She said she will file that motion ASAP.
 

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