Wife remarried before divorce finalized

[asporet]

Colorado

My wife and I (married 18 years, 5 children 8-16) started a trial separation at the end of May. She met someone at the end of June and they were engaged a week later. She told me this at the same time she asked for a divorce. She filed with the court about a week and a half after that. There is a 90 day period from the date of filing until the divorce is final. She told me today that two weeks ago she and fiance went to Vegas and got married. I was shocked but the first thing I said was "that is illegal". She tried to tell me that they got the license, marriage certificate, and had the ceremony performed, but until they both sign and then file the marriage certificate with the county clerk, their marriage isn't official and they won't file it until our divorce is final. I can't find anything online to support her claim. Is it possible that she is correct?

 

[OHRoadwarrior]

Nope, the marriage is illegal. I suggest you contact Clark County and inform them of her illegal deception.

http://www.clarkcountynv.gov/depts/clerk/services/pages/marriagelicenses.aspx

 

[ecmst12]

Or, you could ignore it since it's not your problem.

 

[Ohiogal]

Or, you could ignore it since it's not your problem.

Or he could file a criminal complaint regarding bigamy and pursue a divorce based on those grounds. Yes I know she has filed but that doesn't mean he has to agree to her filing.

 

[stealth2]

Or he could file a criminal complaint regarding bigamy and pursue a divorce based on those grounds. Yes I know she has filed but that doesn't mean he has to agree to her filing.

And that will make it all the more contentious and difficult for their kids.

 

[Ohiogal]

And that will make it all the more contentious and difficult for their kids.

Missed the point that he has kids. Yes, it would. However if they are disputing custody, this helps him because it shows her lack of character (which can be considered). As well as jumping into a new marriage -- what does that say to the children? Though maybe she wanted brother husbands (i.e. sister wives).

 

[single317dad]

OP should find out if the story is true before taking any action. This is the kind of thing people make up just to get under your skin.

 

[asporet]

Thanks everyone for the comments and advice.

OP should find out if the story is true before taking any action. This is the kind of thing people make up just to get under your skin.

I checked the Clark County Recorder's website and was able to search marriage licenses and found one for them, so that aspect does seem legitimate. Unfortunately there isn't much detail beyond names and date.

Nope, the marriage is illegal. I suggest you contact Clark County and inform them of her illegal deception.

I sent a general email to the Clerk's office asking the same question I asked here, hopefully I will get some more detail on what I could do next.

Or, you could ignore it since it's not your problem.

Or he could file a criminal complaint regarding bigamy and pursue a divorce based on those grounds. Yes I know she has filed but that doesn't mean he has to agree to her filing.

Both of these scenarios have been running through my head. As heartbroken as I am over the divorce, I have accepted that it is over (obviously) and the focus now has to be on taking care of myself and doing what is best for the children. We are currently working on negotiating and filing everything ourselves. She is granting me physical custody of the kids and has signed our Parenting Agreement that specifies that. In fact most everything she has agreed to has been very favorable to myself and the children. I could possibly pursue legal action regarding the other marriage but I am worried it could cause things to spin out of control for our negotiations and just increase the amount of crap the kids would get dragged into the middle, not to mention the complications and cost of retaining an attorney. I will see what the county says and then look at my options and go from there.

 

[single317dad]

If things are going your way in the divorce, I'd be inclined to keep my mouth shut about the remarriage. Let that be her problem to deal with down the road. I'm all for litigation when necessary; it just doesn't seem necessary at this time.

 

[asporet]

Here is the response I just received from the Clerk's office

"If they had a ceremony and were pronounced "Man and Wife", they had a legal ceremony. It is not up to the couple to have the couple forward the certificate to the Recorder's Office for recordation; that is the job of the wedding officiant. Whoever performed their ceremony has, by law, 10 days to have the certificate recorded.
The couple probably received a keepsake certificate immediately following their ceremony. This is only a souvenir certificate."

If things are going your way in the divorce, I'd be inclined to keep my mouth shut about the remarriage. Let that be her problem to deal with down the road. I'm all for litigation when necessary; it just doesn't seem necessary at this time.

I am leaning toward this path. Our marriage will be officially over in just over two months. I am feeling good about just keeping the peace and our agreements intact. My time is already stretched thin as it is. I need to keep my focus on moving forward and not letting her problems hold me back anymore.

 

[latigo]

Colorado

My wife and I (married 18 years, 5 children 8-16) started a trial separation at the end of May. She met someone at the end of June and they were engaged a week later. She told me this at the same time she asked for a divorce. She filed with the court about a week and a half after that. There is a 90 day period from the date of filing until the divorce is final. She told me today that two weeks ago she and fiance went to Vegas and got married. I was shocked but the first thing I said was "that is illegal". She tried to tell me that they got the license, marriage certificate, and had the ceremony performed, but until they both sign and then file the marriage certificate with the county clerk, their marriage isn't official and they won't file it until our divorce is final. I can't find anything online to support her claim. Is it possible that she is correct?

I’m not sure as to the purpose of your question.

Are you asking whether you can use her “alleged” act of bigamy (of which you have no hard evidence whatsoever) to your financial advantage? Favorable to your parental rights, custody, support? As leverage for rehabilitating the marriage? Devastate your children with the permanent stigma of their mother having a felony record?

If you are asking purely academically, the answer to your question: Is it necessary to record the certificate of marriage before the betrothed are legally wedded, the answer is no.

So if she did in fact go through the process of licensing and a “marriage ceremony” - anywhere on the planet – while she was still legally married the criminal act of bigamy occurred at that instant.

A marriage certificate signed by the person legally authorized to do so is not a post-dated check!

____________

Incidentally, it sounds like you are having a rough time with the break up. Some of us have been there and understand the grief. Just keep in mind that you will eventually heal and the sooner you start thinking more about the future and less of the past the sooner you will start healing.

But pursuing this bigamy thing can only delay that process.

Good luck

 

[asporet]

If you are asking purely academically, the answer to your question: Is it necessary to record the certificate of marriage before the betrothed are legally wedded, the answer is no.

So if she did in fact go through the process of licensing and a “marriage ceremony” - anywhere on the planet – while she was still legally married the criminal act of bigamy occurred at that instant.

This was the intention of my question, thank you. Having this question answered was more about just having all the facts so my mind can let go and move on. Otherwise it would have just been a distracting thought that I don't need.

Incidentally, it sounds like you are having a rough time with the break up. Some of us have been there and understand the grief. Just keep in mind that you will eventually heal and the sooner you start thinking more about the future and less of the past the sooner you will start healing.

But pursuing this bigamy thing can only delay that process.

Good luck

Thank you again. I have been struggling since the separation started. Some days are good, some are unbearable. Yesterday was unbearable. But since she told me, I have found a small bit of freedom for lack of a better word. I am no longer grasping at what I thought were the last dangling threads of hope for reconciliation. I am thinking more forwardly today than I have in the last two months. My heart still hurts but I have hope again. Hope that I will be the best Dad for my kids and the best me for me.

 

[asporet]

We had our Status Conference yesterday and filed all the remaining paperwork. Our final hearing date is set for two months from now. Once our divorce is final will that make the Vegas marriage valid and legal or would she have to go through the process again (in a different state/county) to have a legal marriage to the new guy?

 

[asporet]

Still wondering about this -

We had our Status Conference yesterday and filed all the remaining paperwork. Our final hearing date is set for two months from now. Once our divorce is final will that make the Vegas marriage valid and legal or would she have to go through the process again (in a different state/county) to have a legal marriage to the new guy?

Also another question, not so much legal, just looking for advice based on what you would or have done.
She will be dropped from my health insurance after the divorce. After talking with my employer, the effective date is flexible and not tied to the date our divorce is final (next week). Basically I could keep her on until the end of the year. She was recently diagnosed with a severe but treatable medical problem. Treatment will take about 3 more weeks. She doesn't know about the flexible date and thinks that insurance for her ends next week. She has no insurance through her job and the new guy is self employed with no coverage. They are already having multiple financial problems because he doesn't make the money she thought he did and she has maxed out her credit, overdrawn accounts, and has collections agencies after her (the collectors still call me a few times a week), all this in the space of 3 months. What would you do?

 

[Zigner]

We had our Status Conference yesterday and filed all the remaining paperwork. Our final hearing date is set for two months from now. Once our divorce is final will that make the Vegas marriage valid and legal or would she have to go through the process again (in a different state/county) to have a legal marriage to the new guy?

The Vegas marriage is void. That means it doesn't exist as a marriage. She would need to get married again after she is divorced in order to make it a valid marriage.

The marriage will still show up in the records, but it is void.