QUESTION
What do I need to do if my previous wife has remarried yet we never divorced?
Asked on Feb 05th, 2013 on Divorce - New York
More details to this question:
If someone is married many years ago and they separate but if the wife has remarried even though there was never a divorce what does the husband have to do.
8 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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File for divorce as soon as possible. Talk to an attorney about this case.
Answered on Feb 06th, 2013 at 11:22 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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The wife has entered into a void marriage which is considered bigamous. If the husband (the first one) wants a divorce, then he can file for one. The fact that her second marriage is invalid isn't really the first husband's concern.
Answered on Feb 06th, 2013 at 11:22 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Husband should file for divorce and put the date of separation years ago. Fact that wife has remarried is her problem - it's bigamy, she's married to both of you.
Answered on Feb 06th, 2013 at 11:20 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you want to be able to legally say you are not married, you need to file for a divorce. Your wife's "remarriage" is legally invalid, but has no significance to your situation. If were not divorced, you are still married and if you later try to remarry you will also be guilty of bigamy.
Answered on Feb 06th, 2013 at 11:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have to do nothing if you are will to remain married to her. Otherwise divorce her. IF you are correct, her "new" marriage is bigamous and void.
Answered on Feb 06th, 2013 at 10:59 PM
If there never was a divorce, both of you are still married and another marriage constitutes bigamy, Someone better take some action with the courts to clean up this mess. Good luck!
Answered on Feb 06th, 2013 at 10:57 PM
John Arthur Smitten
Her marriage to the new guy is void. She needs an annulment, you and she need a divorce.
Answered on Feb 06th, 2013 at 10:48 PM
If you are still married to your previous wife and she remarried, then that remarriage is not a valid marriage. You do not necessarily have any obligation to do anything, although you are free to inform her current spouse and the city clerk of these circumstances. You may also want to check with court records to ensure that you never were legally divorced, and that she did in fact become legally married to a new individual.
Answered on Feb 06th, 2013 at 10:35 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com