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Bigamy Arkansas, Mississippi, and a baby.

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amonkey

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

My wife(?) was first married in Mississippi during 2001 at the age of 18.

In 2002 she had her first child.

She filed for a no fault divorce in 2006 with the help of her grandmother (whom she was raised by).

Early 2007 a relative noticed bruises on the child. After a child abuse case, her (separated) husband was ordered to pay $300 monthly child support and all custody of their child was taken from him.

In April of 2007 she was fired from her 5.5 year job and was forced to move back in with her grandmother. Also, her (separated) husband was placed in intensive care due to a near fatal automobile accident caused by his drunkenness. This left him blind in both eyes.

In April of 2008 grandmother was trying to collect money from my (soon to be) wife for bills which my (soon to be) wife was not able to afford. Her grandmother forced her to leave and the only place my (soon to be) wife was able to stay was not kid friendly. Grandmother was consent with the child staying there, until my (soon to be) wife could get back on her feet.

A week after the transition grandmother filled for full custody of the child due to abandonment and won.

In June of 2008 grandmother said she could not handle the child full time and allowed him to stay with his mother and I ever since.

Grandmother refuses to sign custody back over to the child’s mother and has even threatened to take him from her if my (soon to be) wife didn’t bow to grandmothers needs (house cleaning and whatnot).

August of 2008 my (soon to be) wife and I conceived.

On May 5th 2008 we decided it would be best to get married before the child entered this world. The two of us, plus her child (my now step-son) made a trip to Arkansas to get married.

On May 8th we had a beautiful baby boy with my last name and my wife using my last name on the birth certificate.

We did not tell her grandmother about the marriage. She told us she was against it because the first marriage didn’t work out. We were fearful of grandmother taking away my step-son.

On May 25th, grandmother found out we were married and called us screaming about how my wife is still married to her first husband.

My wife called her first husband and he was also under the understanding that they were divorced. He said he was willing to sign the papers necessary to remedy this situation.

My wife truly thought she was divorced based on what her grandmother told her, her first husband loosing custody and paying child support, and when he was on life support after his accident, the doctors didn’t ask her about pulling the plug they asked his mother.

What steps do we need to take to keep us out of imprisonment, and not lose custody of our newborn if grandmother tries to collect this child also?

I know bigamy is a felony in Mississippi and a misdemeanor in Arkansas.

Sorry for such a long post. Any advice will be greatly appreciated.
 


CourtClerk

Senior Member
Your wife thought she was divorced because she has a copy of the divorce judgment and can show it to you. Just have her do that...

After all, it would be ridiculous to just take someone's word that they are divorced. Surely, if a divorce happened, there is paperwork to that effect. Just have her show it to you and grandma to shut her up.

Come back and let us know when that happens.
 

amonkey

Junior Member
Thank you so much for the great advice.

Obviously, assuming you can actually read and really read the post, she is not divorced.

Now, really can I get a reply from someone who actually would like to give "freeadvice" or is that just the name of the forum and not the actual intent of it.

Thank you in advance.
 

penelope10

Senior Member
Not to be rude, but I'm confused. Why doesn't your wife know whether or not she is divorced? Does she know what county the divorce was to have been filed in? If so she can have the records checked.
 

CourtClerk

Senior Member
Oh, I can read. The bigger question is what PAPERS did she READ (assuming SHE can read) that would give her any indication that she was divorced? What did YOU READ (assuming you can read as well) that would give you any indication that you were dating, engaged to and then married someone who was available to be married.

Naturally, the only way to ensure that she's not married to two people now is to dissolve one of the marriages, but hopefully, you didn't need a legal forum to tell you that. Or maybe you did.
 

LdiJ

Senior Member
Thank you so much for the great advice.

Obviously, assuming you can actually read and really read the post, she is not divorced.

Now, really can I get a reply from someone who actually would like to give "freeadvice" or is that just the name of the forum and not the actual intent of it.

Thank you in advance.
She needs to complete the divorce with her husband ASAP. The only person who could bring charges against her is her husband. Grandma has no standing to do that.

She also needs to file for custody of her son ASAP. Had she fought it at the time, she could have easily gotten the order vacated, since grandma lied.
 

penelope10

Senior Member
Okay, I'm a big dummy, but is there not a possibility that GM may not be telling the truth that wife is not divorced from 1st husband? I mean why get a divorce if you're already divorced....
 

las365

Senior Member
Your timeline doesn't make sense. In the space of eight weeks, there was abandonment, a custody battle, and surrender of the child to the loser?

In April of 2008 grandmother was trying to collect money from my (soon to be) wife for bills which my (soon to be) wife was not able to afford. Her grandmother forced her to leave and the only place my (soon to be) wife was able to stay was not kid friendly. Grandmother was consent with the child staying there, until my (soon to be) wife could get back on her feet.

A week after the transition grandmother filled for full custody of the child due to abandonment and won.

In June of 2008 grandmother said she could not handle the child full time and allowed him to stay with his mother and I ever since.
It's unlikely that any law enforcement agency is going to try to prosecute you for bigamy. But I hate to tell you that in my opinion, your beloved is either so dumb as to be mentally incompetent or a big liar.
 

las365

Senior Member
I have to also say that I love the title of this thread and think it would make a fantastic movie title. And I'm talking big screen, people, not made for cable.
 

LdiJ

Senior Member
Okay, I'm a big dummy, but is there not a possibility that GM may not be telling the truth that wife is not divorced from 1st husband? I mean why get a divorce if you're already divorced....
Considering the blatant lie that the grandmother told in order to gain custody of the child, its quite possible that grandma is blatantly lying about the divorce as well....or in the reverse, that the grandma lied about the divorce to start with.

Mom is also young and the young tend to believe their older relatives. I am even wondering if grandma really has custody.

I think that mom needs a trip to the courthouse to review any and all files related to her, her potentially former husband, and the child.
 

amonkey

Junior Member
Not to be rude, but I'm confused. Why doesn't your wife know whether or not she is divorced? Does she know what county the divorce was to have been filed in? If so she can have the records checked.
Not rude at all...

She made a poor decision to believe that her grandmother had finished what she started. Her grandmother is a little on the controlling side, and my wife never learned how to think independently. The reason she was married the first time was because grandmother threatened to cut all ties with her if she brought the child in the world unwed. That included cutting her college money off.

We plan on going to the court house first thing in the morning and seeing if grandmother is really telling the truth, and seeing what steps are necessary to complete the divorce.

I am assuming we will also have to contact Arkansas and see what steps are necessary.

Thank you.
 

amonkey

Junior Member
She needs to complete the divorce with her husband ASAP. The only person who could bring charges against her is her husband. Grandma has no standing to do that.

She also needs to file for custody of her son ASAP. Had she fought it at the time, she could have easily gotten the order vacated, since grandma lied.
Thank you for this information.

As far as custody cases in this small town...

I know a few people who have lost their children to their parents or grandparents. Amazingly, all by the same Judge and all with parents or grandparents with city or county held jobs. We jokingly call it the Good Ole' Boy Network.
 

LdiJ

Senior Member
Not rude at all...

She made a poor decision to believe that her grandmother had finished what she started. Her grandmother is a little on the controlling side, and my wife never learned how to think independently. The reason she was married the first time was because grandmother threatened to cut all ties with her if she brought the child in the world unwed. That included cutting her college money off.

We plan on going to the court house first thing in the morning and seeing if grandmother is really telling the truth, and seeing what steps are necessary to complete the divorce.

I am assuming we will also have to contact Arkansas and see what steps are necessary.

Thank you.
No, it will not be necessary to contact Arkansas. None of you are residents of AR so MS would have jurisdiction of anything that needed to be done.
 

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