Ex-husband a bigamist


#1

Dear WTF:

Greetings. I laughed when I saw your Forum Name…I can only imagine what the letters stand for. LOL

It is nice that he finally comes to the truth now…after destroying two separate families that he has built. Anyway, you will need to get a divorce and she will need to remarry him.

My suggestion is that you get a child support order first, so that you don’t have to contend with hers if she gets one first. What other consequences are you worried about?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

You guessed right - that’s exactly what it stands for.

We are now divorced and have been for almost 2 years, but weren’t at the time that he “married” her. Our divorce was final about a year after their event. I am the custodial parent of our daughter and have a rock-solid divorce decree with visitation and child support specified.

First, I have a question about jurisdiction. We had our court appearance for our legal sep. the week before the “marriage” took place. However, I had only been living in the state for about 8 months - was that long enough for the state to have proper jurisdiction in our separation? My move marked the beginning of the separation. In my haste to get the process underway, my attorney asked if I’d been living here for at least a year and I said yes. We were then divorced a little over 1 year later, although we had been living apart for a total of 20 months. Does that make sense? And is a legal sep. even required to establish the year waiting period? If I screwed up by filing the separation in the wrong state, does that impact the validity of my divorce? I just want to make sure that my divorce is legal so that my rights and those of my daughter are protected.

My other concerns are about what will happen if he tells her the truth. Can she have him prosecuted for this? Obviously, if he’s prosecuted, there’s the possibilty of jail time, and if he’s convicted of a felony, he’ll probably lose his job. He and I have a child together and she would be devastated if Daddy went to jail. I would also have a hard time getting child support from a man who can’t get a job because of a felony conviction. . . I want to make sure that I’m prepared emotionally and financially for what may come.

Thanks very much for your help!


#3

Just realized that I forgot a VERY important detail! When we separated, I returned home to SC and our separation and divorce were done here. As I said, I had been here 8 months when I filed the sep. and about 20 months when the divorce was finalized. Which state had jurisdiction in the separation? I believe it was NC, since I think SC requires 1 yr residency. He did maintain NC residency up until the time he “married” and relocated to SC to her home. And if SC did not have jurisdiction, does that change whether or not we’re really divorced, since we actually were separated for well over a year before we finalized? Or does that just mean the the sep. agreement was a waste of my $$? I’m very confused.

I REALLY don’t want to find out I’m still married to this man.


#4

Dear WTF:

Greetings. First, your divorce should not be affected by your ex’s subsequent illegal marriage. If you complied with the laws in NC at the time, then you should have a valid divorce.

Yes, residency requirements in North Carolina require that only one of the parties has been living in NC for at least six months preceding the date of filing for divorce. Yes, a separation is required to establish the one year separation requirement for divorce. A legal separation in NC is when one party moves out of the marital residence and one of the parties intends the separation to be permanent. No documents are filed with the court to start a legal separation, it just starts when the parties stop living together.

She may be able to have him prosecuted, but that is a question for a criminal attorney. I doubt he will go to jail in the near future though, especially if they are living “happily ever after” right now as husband and wife.

I do not know SC law, so you may want to speak with an attorney there to ensure that your divorce was valid if you finalized the same in SC. The separation agreement should be valid from the date it was signed, regardless of the divorce situation. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#5

I am from Alabama. You may or may not be able to help me but I don’t know where else to go. I have been married for two years and I have a son that will be two in August. The main reason my husband and I got married. Come to find out, he is married to someone else. I knew before we got married but he told me they got a divorce. I never seen divorce papers but I believed him. Well, they didn’t! Are we legally married? From information I have found, I don’t believe we are. We are having problems and I have asked for a divorce. I just need to know if we are really married or not. Please help me in any way possible! Thank you for your time!


#6

Dear NeedHelp:

Greetings. The situation you described is bigamy (being married to more than one person at one time). I would suggest that you immediately consult an attorney there where you live. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#7

I have just learned that my ex-husband married someone else in 2002 while we were still married. They married due to a pregnancy and the child was also born before our divorce was final (which was in 2003). We were, however, legally separated at the time. His new “wife” doesn’t know that the marriage isn’t legal.

What are the legal consequences of this for him, should he decide to tell her the truth? He and I have a daughter and I want to know what’s coming, as he says he can’t live with the lies any more.

Thanks.