Legally Married?

[rmet4nzkx]

I have to agree, rmet. I just finished reading through those threads and get the distinct feeling of being taken for a ride.

I get the feeling there is something else being withheld.

 

[LdiJ]

I have to agree, rmet. I just finished reading through those threads and get the distinct feeling of being taken for a ride.

Why? (that is a sincere question). She has obviously admitted the "warts" ...the possible bigamy etc. Other than it being annoying that she isn't keeping it all to one thread...what makes you feel that way?

She sounds more confused about what is and isn't relevant to her situation to me. I do however suspect that her current husband may not be aware that 5 day discrepancy.

 

[rmet4nzkx]

Why? (that is a sincere question). She has obviously admitted the "warts" ...the possible bigamy etc. Other than it being annoying that she isn't keeping it all to one thread...what makes you feel that way?

She sounds more confused about what is and isn't relevant to her situation to me. I do however suspect that her current husband may not be aware that 5 day discrepancy.

As it stands now, she isn't entitled to any of his retirement.

 

[Theresalee]

I just saw this?? Is this direscted to me? I make a new post when I have a different question, I also made one in the child support section for my 17 yr old,.. Did someone ask the nature of my disability? I have all my cervical disks messed up, with one fusion. post carpal tunnel which isn't as bad but part of it...
I couldn't name my first born after anyone b/c they are all grown!!!
any other questions i missed?
I also did call the court house for the final decree and i am waiting for that.. Its 50 cents a page. and i was also asked to send a self addressed envelope... So if I ever have any other questions should i bring up old posts and post to them?? Even though the question could be different?
and how could I be taking anyone for a ride? What would I accomplish?? Theresa

 

[stealth2]

Why? (that is a sincere question). She has obviously admitted the "warts" ...the possible bigamy etc. Other than it being annoying that she isn't keeping it all to one thread...what makes you feel that way?

She sounds more confused about what is and isn't relevant to her situation to me. I do however suspect that her current husband may not be aware that 5 day discrepancy.

If I recall correctly, the current husband does know about it but doesn't think it's an issue. And first there are all these threads that there's no thought or discussion of divorce, and in the space of weeks there's all this controversy about bills, retirement funds, etc. Now, I realize that sometimes it's a bombshell dropped, but I just get the feeling that there's more to it and the original threads were less naive and more a fishing expedition. I just hate being jerked around. Want a divorce and have questions? Ask them already - don't pussyfoot.

But that's just me.

 

[Theresalee]

By the way my husband is aware of the 5 day dicrepency, He is the one who has always said we were legally married and said he even talked to an attorney about it. So I just believed him..... Then I just thought maybe he wasn't being honest when I found out some other things going on he wasn't being trust worthy about and this has all happened in the last couple years. I wanted to find out if we were even married first??? I still don't know unless i try to get a divorce??? Another attorney told me it is more then likely the 5 days we should have worried about, but we had no idea then... He says we have been married for 20 years and is almost positive a judge will see it that way since we have lived as man and wife and actually did get married.. he didn't say for sure?
Wouldn't it look bad if i filed a pro tunc nuc and then got a divorce? I wanted to know my options if i decided to stay?

 

[Theresalee]

To be honest I did have questions and i did say I didn't want a divorce at first, but I didn't know if he would see this and I wasn't totally sure yet.. There is a lot more to this..... and some of it is just to embarressing and personal and it hasn't gotten better..... So yes it is looking closer to a divorce. Now is there anything wrong with being prepared? As I said he has all his buddies to ask questions and find out info, so I now have this place...

 

[rmet4nzkx]

Another attorney told me it is more then likely the 5 days we should have worried about, but we had no idea then... He says we have been married for 20 years and is almost positive a judge will see it that way since we have lived as man and wife and actually did get married.. he didn't say for sure?
Wouldn't it look bad if i filed a pro tunc nuc and then got a divorce? I wanted to know my options if i decided to stay?

You are not legally married. You have two choices, get married, in which case, you will only be entitled to 1/2 his retirement in the case of divorce from that day forward, not the entire length of your marriage. PLUS, you will have to go back and address the fraudulent filing of income taxes for 20 years.

Or....

You can file the declaration as previously explained and provided the codes...
get the date of the divorce amended Nunc Pro Tunc.

You can't file for divorce if you are not legally married.

You can be crimenally responsible as a bigamist unless and until this is fixed.

Don't depend on disability.

Please keep all your questions on this thread so they can be answered based on the facts.

 

[Theresalee]

OK I understand a bit better now.. I thought the pro tunc nuc would look bad to a judge? But I see what you mean....... I got it!!!!!!! Duh!!!!!!!
I thought it meant I wanted to fix the marriage and I am fixing the decree but just so the marriage will be legal !!!! Got it.. Sorry guess i think to much???? I think this has been husbands plan when he first found out? (before me) I am not trying to put one over on anyone I was just trying to make sure i posted in the apprpriate place... So if I go to the court and this takes a while a couple weeks or whatever should I find this thread or tell you about it if i have another question? I am not the type of person who will put anything over on anyone......and I really appreciate your advice mostly since i was adviced wrong by a so called real attorney!!!!!!! Thanks. Theresa

 

[rmet4nzkx]

Both IAAL and myself gave you the laws and case law, not a guess as to how a judge MIGHT find. Right now your husband has you at a disadvantage.

 

[Theresalee]

NO kidding!!! It may have been on purpuse too... I need to file that ASAP now that I understand a bit better.. I always understood what you meant but wasn't sure what to do b/c i was thinking of the divorce... I confuse myself sometimes... I know you both gave me more info then I got from a supposidly real attorney.... I do thank you for it....... I will be back as soon as I file the neccesary paper work for the pro tunc nuc and let you know how it goes...... Thanks again

 

[seniorjudge]

NO kidding!!! It may have been on purpuse too... I need to file that ASAP now that I understand a bit better.. I always understood what you meant but wasn't sure what to do b/c i was thinking of the divorce... I confuse myself sometimes... I know you both gave me more info then I got from a supposidly real attorney.... I do thank you for it....... I will be back as soon as I file the neccesary paper work for the pro tunc nuc and let you know how it goes...... Thanks again

Post back with results.

 

[Theresalee]

One other question, should I wait for the final divorce decree from my first marriage before I file the pro tunc (I know I butcher that every time but I do have the right name written down) I do have the papers from my attorney but they have so many dates written down as being divorced? 3 to be exact... The last one is 5 days after the marriage the first 2 are before... one was even whited out and reapplied? I am scared to wait now with all you have said about me getting in trouble for this, but I am working on it!!! Thanks Theresa

 

[rmet4nzkx]

Yes you will have to wait to get your copy of the original official filed copy, there is the chance that since your copy is altered, you may find the filed copy is correct, then when you get it, you will file the Nunc pro Tunc with both copies and your declaration.

 

[Theresalee]

O.K Thanks..