My ex-wife and I filed our do-it-yourself Separation agreement in 2004. Sometime after the year long waiting period I printed the online paperwork to file for divorce. Forms were filled out and we both signed; I assumed she would turn the paperwork in and our divorce would be done. Looking back now, it was dumb to not have a lawyer. Turns out that she didn’t apply for the divorce until March 2015, right before her wedding to her current husband. The problem is that I married my current wife in 2013. I am trying to determine 1. if my current marriage is even valid 2. If I’m in any legal jeopardy?
I have set up consultation with a lawyer, I’m just trying to get an gauge on those two questions.
If you do not have a divorce judgment from your previous spouse that was signed by a judge and file stamped at the clerk’s office before the date of marriage to your current spouse, then the marriage to your current spouse is void. Technically this is a bigamous marriage and illegal under NC law, but it is rarely prosecuted.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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