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twice married, no divorce

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tanbaby

Guest
What is the name of your state? south carolina. my father in law has been married (or so he thinks) for approximately 15 years. if there is no divorce from his first wife (mother in law), then would i be correct that this marriage he is in now would be void? what are the legalities of a will, property acquired etc. with his "current" wife?
 


nextwife

Senior Member
Yikes. Is first wife still alive? Is he sure she did not divorce him by public notice? How is it there was no divorce?

This would be a really good time to see a good family law attorney! There may be multiple states involved, different sets of laws, I have no idea from what you posted. First wife (legal wife) may certainly have rights to marital property that he has. Or at least rights to his share. SEE A LAWYER!
 
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tanbaby

Guest
yes, the first wife is very much alive, he supposedly filed for divorce but i haven't found any records of it yet. he has lived in the same place forever so i know i am looking in the correct records.oh and i am doing this on her behalf not his. he is not worth the time of day as far as i am concerned!!
 

JETX

Senior Member
"my father in law has been married (or so he thinks) for approximately 15 years. if there is no divorce from his first wife (mother in law), then would i be correct that this marriage he is in now would be void?"
*** Yes.

"what are the legalities of a will, property acquired etc. with his "current" wife?"
*** Anything given in the will to his 'wife' would apply to the ONLY wife he has (the first one). Anything given specifically in the name of the second wife would be hers.
 
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cyana

Guest
If Wife #2 didn't know her "husband"...

was not legally divorced from Wife #1, wouldn't she be considered as a "putative spouse"? And therefore "entitled" to some portion of his "assets" if their marriage was declared "void"?
 

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