QUESTION

Does that give me an automatic divorce if I recently found out that he remarried and now is divorced from her but at the time we were still married?

Asked on Oct 16th, 2015 on Divorce - Oregon
More details to this question:
I was separated from my husband in 1991.
Report Abuse

1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
Update Your Profile
This question could have some interesting consequences. First, if you were married when you separated in 1991, you are still legally married. In order to change that, you would have to file a Petition for Dissolution of Marriage in the county where you have last resided for at least six months and have your soon-to-be-former spouse served with the Summons, Petition and related papers. After he is served, he would have 30 days in which to file an answer or request an extension. If he does not file an answer or get an extension of time to file an answer from the Court, you can file a motion for default and then obtain a Judgment of Dissolution of Marriage By Default. There is another aspect of this, however. At the time you and you husband separated, did he have a retirement plan that he was contributing to and/or significant assets that he acquired during your marriage? If he was contributing toward a retirement plan, that means you could easily have a share of any retirement benefits he will be entitled to receive when he does retire. If he was contributing from some time before your original marriage and he continues to work in that employment, you could be entitled to a share of his retirement benefits that could be substantial. For example, If he started working and contributing to his plan in 1985, you got married in 1990, and he is still in that job, he would have 30 years in the plan and you would be entitled 50 percent of the benefits he accrued from date of marriage (1990) to 2015 or 25 years out of the total 30 years. If this is the situation, you need to consult with counsel ASAP.
Answered on Oct 26th, 2015 at 2:17 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters