Divorce from bed and board = barred from maritable residence it does not end the marriage(EVER)so yes you are still married to your first husband. Which makes your second marriage invalid (annulment is possible) unless your first husband filed for and was granted an absolute divorce prior to your second marriage. Also if your first husband has remarried his new marriage is also invalid. You really need to get a lawyer to sort this out regardless of the state of your present marriage. The fact that your lawyer 17 years ago did not explain this to you is well shoddy workmanship at the least.
quote:[i]Originally posted by jnewman[/i]
[br]Divorce from bed and board = barred from maritable residence it does not end the marriage(EVER)so yes you are still married to your first husband. Which makes your second marriage invalid (annulment is possible) unless your first husband filed for and was granted an absolute divorce prior to your second marriage. Also if your first husband has remarried his new marriage is also invalid. You really need to get a lawyer to sort this out regardless of the state of your present marriage. The fact that your lawyer 17 years ago did not explain this to you is well shoddy workmanship at the least.
OMG, I just became sick to my stomach. Ok, as far as my first husband, he is now deceased since 02/05 and we never spoke after the 'Divorce" and I had never signed or was served papers to sign for anything. My husband now, we have a seven year old son together,so how is this going to work as far as when I file for custody and seperation from him? I live in the Matthews, NC area and any referral would be greatly appreciated.
well from what you said it sounds like your second marriage is invalid. Its having a spouse living at the time of the second marriage that matters not if they latter pass away. Custody is always up to the court as is child support. I doubt you will be able to get any alimony or ED since you husband will just file for an annulment if he finds out about this. On the other hand you will not have to wait the year and a day to get a divoce just the time to get the annulement. You really need to get a lawyer to help sort this out.
Greetings. Yes, if you were never finally divorced - then you are likely still married to that sorry loser. My suggestion, hire an attorney immediately to research the issue for you and get divorced! Talk to an attorney in the county where you live that is a board certified specialist, or works for one. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Hello, I was awarded a Divorce by Bed & Board over 17 years ago from my first husband, which was VERY abusive physically and mentally. He would leave for days (on a drunk) at a time not knowing where he was, I was hospitalized many times and also lost a baby (he kicked me in the stomach when I told him we were pregnant again). At that time I was only 18 years old and really didn’t know any better (obviously) I left it all up to my attorney since well, he was an attorney and trusted him with all. Now,I am alot older and I was curious of what the difference is between this type of divorce and a regular divorce, and it seems to be just a permanent seperation. Does this mean that I am still legally married or not? I am now also married and seem to be going through the same thing with my now abusive husband. I went and seen an attorney week before last and when I asked him the same question and if I was still legally married, he kind of just steered away from an answer. He only said that a Divorce of Bed and Board is hardly ever used in North Carolina courts. PLEASE HELP…