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Wife remarried before divorce finalized

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LdiJ

Senior Member
Still wondering about this -



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?
She is the mother of your children...I would keep her on the insurance until her issue is resolved. No matter how mad or hurt I was regarding an ex, I would not leave them high and dry without medical insurance in the middle of a medical issue.
 


Ohiogal

Queen Bee
She is the mother of your children...I would keep her on the insurance until her issue is resolved. No matter how mad or hurt I was regarding an ex, I would not leave them high and dry without medical insurance in the middle of a medical issue.
He might not be able to if she married someone else -- even if she did commit bigamy. That COULD come back to bite him.
 

Ohiogal

Queen Bee
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.
It may be void but she committed a CRIME. That crime in and of itself may cause problems for insurance.
 

asporet

Junior Member
It may be void but she committed a CRIME. That crime in and of itself may cause problems for insurance.
I hadn't considered this. Even though I am representing myself in the divorce, I have an attorney who has advised me on specific questions that have come up before. I will run this by her and see if there are legal aspects that I'm not aware of. Btw, the attorney is of course aware of the invalid/illegal wedding, her advice was not to waste my time pursuing it. She said most jurisdictions won't prosecute for this unless it was a furtherance to another more serious illegal activity like fraud.
 

single317dad

Senior Member
Still wondering about this -



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?
I have to disagree with the others here and say I wouldn't go out of my way at all for her benefit. You set a precedent that you'll be available to assist next time she needs help, and so on. She wanted to marry her new beau so badly, let him support her. That she's the kids' mom wouldn't phase me in the slightest; just take care of your kids separately and let Mom handle her business.

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.
That doesn't necessarily mean it'll be treated as such. I'd bet she could manage a divorce later, collect alimony, file taxes as married, etc. and never hear anything about it as long as no one that knows ever speaks up.
 

Zigner

Senior Member, Non-Attorney
He might not be able to if she married someone else -- even if she did commit bigamy. That COULD come back to bite him.
The new "marriage" is void. It doesn't exist. It's not voidable, it is void. The attempt to remarry won't be a bar, in and of itself. I'm not commenting on other possible restrictions that may be imposed by function of law or by function of policy, but this won't be one.


ETA: I will admit that it may very well cause problems because the insurance company will see a marriage in the county records, but that marriage doesn't actually exist. OP would need to prove this to the insurance company.
 

Zigner

Senior Member, Non-Attorney
That doesn't necessarily mean it'll be treated as such.
That means EXACTLY - the marriage doesn't exist. Period.

I'd bet she could manage a divorce later, collect alimony, file taxes as married, etc. and never hear anything about it as long as no one that knows ever speaks up.
Of course she could commit (further) crimes...hell, people do it all the time. Speeding, running stop signs, hit & runs...even murder has been gotten away with.

As to the alimony - probably not. The marriage doesn't exist - it's not even a purported marriage as she is fully aware it is not valid and you can bet other party will point it out!
 

LdiJ

Senior Member
I have to disagree with the others here and say I wouldn't go out of my way at all for her benefit. You set a precedent that you'll be available to assist next time she needs help, and so on. She wanted to marry her new beau so badly, let him support her. That she's the kids' mom wouldn't phase me in the slightest; just take care of your kids separately and let Mom handle her business.



That doesn't necessarily mean it'll be treated as such. I'd bet she could manage a divorce later, collect alimony, file taxes as married, etc. and never hear anything about it as long as no one that knows ever speaks up.
Waiting a month or two to cancel her medical insurance hardly is making a precedent that he will be available to assist her in the future. In fact, more than anything else its a demonstration to their mutual children of what kind of people they want to be.
 

asporet

Junior Member
Fortunately this was resolved for me by the HR department. The information I was given about the flexible date was incorrect. The policy was recently changed due to the Affordable Care Act. Now the company will automatically carry a divorced spouse for 30 days after the divorce is final. During that time she will be provided with all the information she needs regarding her COBRA benefits.

The big news is that our divorce was final on Monday. The hearing was quick and all the terms we agreed to were acceptable to the judge. So in addition to having sole physical custody of the kids (she has scheduled visitation), I also will pay no alimony, she will pay me child support, I keep the house, the car, the 401k (all of it), and all credit card debt is split 50/50. The even bigger news is that yesterday, one day after finalizing, she announced that she is moving almost 1000 miles away at the end of the year. Seems that even being a mom 10% of the time is too much and she needs a new start with new guy. So now I have to somewhat go through the whole court process again as I file a modified Parenting Plan and eventually (once she starts working in new city) a modification to child support. But the saddest moment of this whole experience happened yesterday. She was telling the kids her plans during her visit time and one of them asked her doesn't she love them more than new guy? Her answer was that she doesn't know. All of these wonderful kids had to sit there and feel their hearts break again in the worst way. :(
 

single317dad

Senior Member
The big news is that our divorce was final on Monday. The hearing was quick and all the terms we agreed to were acceptable to the judge. So in addition to having sole physical custody of the kids (she has scheduled visitation), I also will pay no alimony, she will pay me child support, I keep the house, the car, the 401k (all of it), and all credit card debt is split 50/50. The even bigger news is that yesterday, one day after finalizing, she announced that she is moving almost 1000 miles away at the end of the year. Seems that even being a mom 10% of the time is too much and she needs a new start with new guy. So now I have to somewhat go through the whole court process again as I file a modified Parenting Plan and eventually (once she starts working in new city) a modification to child support. But the saddest moment of this whole experience happened yesterday. She was telling the kids her plans during her visit time and one of them asked her doesn't she love them more than new guy? Her answer was that she doesn't know. All of these wonderful kids had to sit there and feel their hearts break again in the worst way. :(
That's quite unfortunate. All you can do is be the best parent you can be for the kids, and deal with each new challenge as it presents itself. Good luck.

Also, keep in mind that your creditors are not bound to your divorce decree, and will happily come after you for the entire amount of the joint debts. Don't be surprised if you never receive any support and get stuck with all the bills. Hope for the best, plan for the worst.
 

Bali Hai

Senior Member
That's quite unfortunate. All you can do is be the best parent you can be for the kids, and deal with each new challenge as it presents itself. Good luck.

Also, keep in mind that your creditors are not bound to your divorce decree, and will happily come after you for the entire amount of the joint debts. Don't be surprised if you never receive any support and get stuck with all the bills. Hope for the best, plan for the worst.
If that happens the ex should be treated no differently than anyone else. Revoked driver license, revoked passport, revoked professional licenses, wage attachements, confiscated tax returns, warrant for arrest, JAIL.
 

Zigner

Senior Member, Non-Attorney
If that happens the ex should be treated no differently than anyone else. Revoked driver license, revoked passport, revoked professional licenses, wage attachements, confiscated tax returns, warrant for arrest, JAIL.
Yes, nobody here would disagree.
 

asporet

Junior Member
Thanks!

I just wanted to post a quick message saying thanks to all of you for your help. I know this is just a message board but the answers and advice here, really helped take away some of the stress and worry I was carrying. Thank You :D
 

FlyingRon

Senior Member
Or, you could ignore it since it's not your problem.
It is his problem. Until the divorce is final, she's still his wife. You don't need any standing to file a bigamy complaint (it's the state that is injured), but it sounds like he certainly has a valid reason for doing so.
 

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