QUESTION

Is it possible to bifurcate or something that would give us approval to marry even though it appears his ex will keep appeals going?

Asked on Jan 11th, 2013 on Divorce - Ohio
More details to this question:
My fiancé divorced 2010. We've been together since and our desire is to get married. His ex keeps litigation going at the expense of any reason or mediation. We are NEVER late with alimony, Military retirement benefits, still paying her COBRA, child support, private school tuition and maintain life policies as directed. I take care of my grandmother - literally. I built her a house in my back yard. She had a stroke and now I need to have a modified work schedule to care for her. When I go part-time, I will lose my health benefits. We already intended to get married but we were just waiting out a hopeful, eventual end to the appeals. Our marriage now has this additional sense of urgency because of keeping my benefits. It seems unreasonable that we've already waited two years basically.
Report Abuse

7 ANSWERS

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
You don't provide enough information to explain why you think the ongoing appeals prevent your fiance. from remarrying or what state granted the divorce. In most states the divorce means he is no longer married and is therefore free to remarry. It would be unusual for any state to have a period longer than one year to prevent remarriage and there is no time limit even if there is an appeal pending.
Answered on Jan 16th, 2013 at 11:09 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
I would have to look at the paperwork to be sure, however, if there is a final judgment of divorce in place which it sounds like there is, you are able to be married now.
Answered on Jan 15th, 2013 at 1:00 PM

Report Abuse
Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
Yes. Bifurcation is available. Your boyfriend needs to have his attorney file a motion for bifurcation. There are several issues related to this motion so it will require attorney assistance. Good luck
Answered on Jan 15th, 2013 at 1:00 PM

Report Abuse
You could bifurcate but there are rules that have to be followed pensions divided etc so see an attorney It's an extra expense in a divorce and ex can try to stop you but if you follow the rules you should succeed
Answered on Jan 15th, 2013 at 1:00 PM

Report Abuse
Sharon Adams
If he received a final judgment entry decree of divorce, then he is divorced and may get married. The appeals seem to go to the property division.
Answered on Jan 15th, 2013 at 12:59 PM

Report Abuse
Family Law Attorney serving Chandler, AZ
2 Awards
I'm not sure I understand the question. If the divorce was in 2010, then the issues being appealed do not result in the divorce itself being delayed or overturned; if he is divorced, he can remarry, regardless of the status of his appeals. I recommend you consult with an attorney who can review the existing orders to give you more particular advice.
Answered on Jan 15th, 2013 at 12:59 PM

Report Abuse
Appealing decisions in divorce situations obviously does happen. This is unusual in all but cases where there is a very large estate. That is obviously the case here. Sometimes divorce is a waiting game. It is not like corporate litigation that can take many years with almost unlimited resources. Corporations go on forever; people do not. Typically one divorcing party or the other decides (correctly) that life is too short and seeks a settlement. Your fiance's soon-to-be-ex seems determined to inflict as much pain as possible along the way to try to get your fiance to toss in the towel. There are two ways to conclude an appeal. First you can let it run its course. That means going to the Court of Appeals then the Supreme Court. It would be unusual to go Federal after that, as the issue is almost certainly state specific. But if Constitutional rights can be identified you could be looking at two or three trials in the Federal system. Or you can look at how much money is at stake and try to settle the issue with a private agreement. Obviously the soon-to-be-ex doesn't like something. Maybe the issue is negotiable. Get with your family law attorney. At the level of this divorce, he or she is probably very experienced in the field. Ask the lawyer about finding a final settlement and getting on with life. The pill to settlement may be too bitter to swallow, but it never hurts to ask.
Answered on Jan 15th, 2013 at 12:57 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