QUESTION

My wife says she did get a divorce to her first husband, but refuses to show me the divorce papers. They were married in the Dominican Republic

Asked on May 01st, 2012 on Divorce - Virginia
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I am married to a woman who''s first marriage was in the Dominican Republic, she says she was divorced in the DR,but has not shown me the divorce papers. Is this legal? to marry someone in another country, then marry someone else in the US? She says that the marriage wasnt documented in the us, but if she never got a divorce in the DR, then to me she is still married. She stated on our marriage request documents that she was never married. She refuses to show me the divorce papers she says she has. I learned all of this afer we were married. If she never got a divorce then this goes against every meaning to the union "marriage" If so she has told an unforgivable lie. Please help me understand
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1 ANSWER

Construction Law Attorney serving Virginia Beach, VA at Wolcott Rivers Gates, Attorneys at Law
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In Virginia, if at the time you "married" your wife, she was already married to another man and had not been granted a divorce,  Virginia would say your marriage to her was void - meaning it is not a valid marriage.  Should you decide you want to be legally married to her, she must get divorced from her prior husband and you would then have to go through another wedding ceremony.  I do not know what procedure is followed in the DR ,  but in Virginia, a marriage is ended by a decree of divorce from a court.  Your situation occurs from time to time, often when a person such as you goes to get a divorce. When it comes out that your "wife" was married to another man at the time of your marriage, the Virginia Court will refuse to grant you a divorce, because you are not "married" to your wife.  You will likely want to discuss this further with a lawyer since there are related issues such as how this impacts your ownership rights should she and you own a house together, and what your rights are to other property acquired during your "marriage".     This answer is given in accordance with the laws of Virginia, and is based on the facts that are recited, and assumptions which may or may not be accurate. Accordingly, this response may not be relied upon and may not be applicable in any other state. It should not be relied on as legal advice, as that would require a detailed analysis of all of the facts involved in a specific case, not just the limited facts presented in the question.
Answered on May 11th, 2012 at 6:29 PM

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