QUESTION
If my ex married someone else, can she contest our illegal divorce?
Asked on Jan 31st, 2013 on Divorce - Florida
More details to this question:
I obtained an illegal divorce from my ex in 2007. It was illegal because her consent was forged and notarized as legal. I advised her of the divorce at the time, sent her some of the paperwork on it and she verbally contested it. However, as of 2009 she remarried someone else and had another child with him (but we have three children from our marriage). At the time of divorce, I took physical custody of our three children and gave her joint legal custody. She was and still is heavily involved in drugs and other things, hence my action. Years later, I am now seeking child support, and would also like to get a modification to increase the payment, as well as obtain full legal custody, both of which were ordered in our divorce judgement; however, I'm nervous she will fight it - especially the arrears payments because she technically never signed off. However, in my mind she acknowledged the divorce and its contents when she remarried. What do you think should I do?
8 ANSWERS
Collaborative Divorce Attorney serving Spokane, WA
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Burke Law Group, PLLC
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The fact pattern that you related raises several very serious considerations and ramifications. I strongly urge you to not discuss your particular situation in a public forum, but rather seek legal counsel which will provide the confidential protection of attorney / client privilege.
Answered on Feb 04th, 2013 at 7:49 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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What a mess! Based on your statements, you are probably guilty of fraud and prejury. Your wife is probally guilty of aiding and abetting the fraud and perjury and most likely guilty of bigamy if your divorce is invalid. Also, who ever notarized your wife's signature is likely to be in a heap of trouble. This is a can of worms you most likely would not want to open. There's almost no way to address the issue of the validity of the divorce without the fraud and perjury coming to light which would most likely result in your prosecution. The only thing you have going for you is if you go down your wife goes down with you. So there should be no incentive for her to fight you but she may not realize this or be too stupid to care. So it is entirely possible your wife could spill the beans and screw the pooch for both of you. You need to consult with an attorney immediately. The possible charges I mentioned above can be felonies.
Answered on Feb 04th, 2013 at 3:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I think you need to seek counsel and get this matter straightened out.
Answered on Feb 04th, 2013 at 3:33 PM
You should definitely consult with an attorney in your area. You raised several issues, including the possibility that you could get into some hot water over this "illegal divorce." You need to be careful and you probably need help sorting out the more complex matters that you raise.
Answered on Feb 04th, 2013 at 3:32 PM
Steven D. Dunnings
You committed fraud and might be subject to criminal prosecution. The person who notarized the signature is in hot water as well.
Answered on Feb 04th, 2013 at 3:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it were me, I would tell you to leave well enough alone. Even if you win, she will inform the court that you perpetrated a fraud on the court and there is a good possibility that is a criminal act.
Answered on Feb 04th, 2013 at 3:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It's too late to appeal the judgment. She'd have to prove the fraud. Open a case with DCSS for support if she's working. You may want to leave custody alone. The courts generally give joint legal custody.
Answered on Feb 04th, 2013 at 3:31 PM
John Arthur Smitten
Highly unlikely she will contest the divorce because if she does her marriage will be void.
Answered on Feb 04th, 2013 at 3:30 PM