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Divorce and remarriage void?!

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PulledPork

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My exwife and I were divorced in 2004; she was pregnant at the time (with another man's child) and we did not inform anyone about the pregnancy (nothing was said to the lawyers/courts etc). Her child was born three days after the decree was finalized, and we have both since remarried (she to father of the child, but they have since also divorced).

I had forgotten about this entirely, really, until my current wife pulled up an article saying that basically because we weren't as forthcoming with the truth as we perhaps should have been, that the divorce was obtained illegally (!!!) and our (my) current marriage would thus be null and void?! I've tried to google answers for this but I'm finding that although not technically law, it's down to the discretion of the judge whether s/he will sign off on a divorce if the wife is pregnant?

Which might be moot because we didn't tell anyone, so they didn't know.

Any words of wisdom?

Thanks
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

My exwife and I were divorced in 2004; she was pregnant at the time (with another man's child) and we did not inform anyone about the pregnancy (nothing was said to the lawyers/courts etc). Her child was born three days after the decree was finalized, and we have both since remarried (she to father of the child, but they have since also divorced).

I had forgotten about this entirely, really, until my current wife pulled up an article saying that basically because we weren't as forthcoming with the truth as we perhaps should have been, that the divorce was obtained illegally (!!!) and our (my) current marriage would thus be null and void?! I've tried to google answers for this but I'm finding that although not technically law, it's down to the discretion of the judge whether s/he will sign off on a divorce if the wife is pregnant?

Which might be moot because we didn't tell anyone, so they didn't know.

Any words of wisdom?

Thanks
Why didn't you make the courts aware of the pregnancy? You do realize that you may, LEGALLY, be considered the legal father of this child, and could be held accountable for child support??
 

PulledPork

Junior Member
Thanks for a quick response. Yes, I do realize that, and I will admit that I will fight it tooth and nail if it becomes an issue; all of us know the identity of the biological father, and he is on the child's birth certificate. I do concede though - largely from reading many posts here! - that regardless of the biological paternity I could be held legally to be the father, and thus responsible.

The answer to "why" is embarrassingly and admittedly shamefully simple - exwife was with boyfriend, I had met my current wife and we were living as if we were in fact divorced; ex initiated separation, we went our own ways, and though I initially wanted a quick divorce, exwife had actually been holding out for a better financial settlement from me, before she fell pregnant. As soon as she found out, she agreed to a very quick, relatively painless divorce agreement and we filed papers accordingly. My salary/earnings were an issue; we both held the same degree, but she had chosen to work part time in a non-professional area, while I was earning well above $100k/year at the time.

Neither of us even really considered it might actually mean the divorce was not legitimate - I'm still not sure as the answer there, to be honest - was the divorce legal?

Am I worrying needlessly? Is there a SOL for these things to be discovered and rectified? Is my current marriage valid?

Many thanks again.

Yes, I'm ashamed, yes, I knew what we did was wrong - ignorance of consequences is no excuse, I do know that.
 

PulledPork

Junior Member
This might get worse.

My current wife is Canadian, and I sponsored her green-card (she's a full PR, and conditions were successfully removed a couple of years ago). Is our marriage even legal, if the first divorce wasn't?!

Have I placed my wife's status in jeopardy too?!
 

Ohiogal

Queen Bee
This might get worse.

My current wife is Canadian, and I sponsored her green-card (she's a full PR, and conditions were successfully removed a couple of years ago). Is our marriage even legal, if the first divorce wasn't?!

Have I placed my wife's status in jeopardy too?!
You are divorced however it was obtained fraudulently. Your marriage is legal based on what you have said here -- however should we believe you are being honest now?
 

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