Divorce newer than marriage


#1

Realy need help with this asap…Would be better to call?..We are not rich but can pay fee…Can’t belive find myself in this mess, please help my sweet wife and me, due to DHS time is urgent!!!..Took me 45 years and 8,000 miles to find my better half, please help if you guys can…Little worried to call, 4 lawyers wanted 200 just to pick up the phone


#2

Is this true??,Just saw it here on a search…How to do this??

Posted - 11/05/2003 : 17:50:12
I LIVE IN THE CUMBERLAND COUNTY AREA. I RECENTLY MARRIED MY HUSBAND IN SEPTEMBER IN THE STATE OF SC, OF COURSE THERE HE DIDNT HAVE TO SHOW PROOF OF DIVORCE. BUT RECENTLY HE JUST ADMITTED TO ME THAT HE IS NOT LEGALLY DIVORCED FROM HIS WIFE ALTHOUGH THEY HAVENT SEEN EACH OTHER IN 2 YEARS BECAUSE SHE RESIDES IN ANOTHER STATE, AND HE ALSO HAS FULL CUSTODY OF THERE DAUGHTER. THEY ARE LEGALLY SEPARATED. MY QUESTION IS WHAT ARE THE CONSEQUNCES OF BIGAMY IN NC ESPECIALLY WHEN IT WASNT DONE INTENTIONALLY, AND HOW DO WE GO ABOUT FILING FOR AN ANULLMENT I HAVENT BEEN ABLE TO GET ANY ANSWERS FROM ANYWHERE, AND I DO I HAVE VALID CAUSE FOR AN ANNULLMENT?? PLEASE HELP

k.h

rverhoeven

USA
32 Posts
Posted - 11/06/2003 : 11:03:10
I am sorry to hear that your boyfriend was dishonest to you and on his marriage application. Under North Carolina General Statute 51-3, a marriage is void if one of the parties has a spouse still living. You are not guilty of bigamy, but he is, and he did so intentionally.

You are not married and there is no need for you to seek a divorce or an annulment. You may, if you wish, file for an annulment at the courthouse in the county where you live. There really isn’t a reson to obtain an annulment but it is available to you. Good luck to you.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668


#3

I am assuming you are asking about voiding the marriage to your second Wife. You do not need to void your second marriage, by the laws in this state it is void. You will likely need to remarry her and then begin the Visa process again. However, I do not practice immigration law and cannot advise you how to proceed on those issues.

My best advice is to complete your divorce from your first Wife and then consult with an immigration to decide how to best proceed with the visa issues for your second wife.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Short as can.20 years ago wife left siad she would take care of divorce, well she didn’t…So now I had to file for divorce which I did, problem is was remarried already, so my new marriage is older than divorce…New wife is from China and we are going through DHS, K-3 marriage visa…DHS has denied her visa until I get this date mess fixed, that problem I can handle, the problem is how do I void our marriage?..Or is that possible?..I know we need a lawyer, am hoping you guys can help…We live here in Wake County.