I just learned that I am not wife #2, but actually wife #5. My husband did not disclose these other previous marriages on our marriage application back in NY state in 1993. Also, it looks like he married wife #2 before he was legally divorced from wife #1. How does that affect my 27-year marriage? Also, how do I find evidence of divorces from the other previous marriages?
Thank you!
Since I am not licensed in NY, I do not know of the ramifications, if any, for not disclosing the correct number of previous marriages on a NY marriage license. As it relates to NC, assuming you are a resident of NC now, there would be no effect on the validity of your marriage.
Under NC law, your husband’s marriage to Wife #2 would have been void as it would have been a bigamous marriage. As it relates to NC, assuming you are a resident of NC now, this would have no effect on the validity of your marriage as long as he was lawfully divorced at the time of your marriage to him.
To find evidence of divorces from the previous marriages, you would have to check the court records in the county and state that your husband was residing at the time or a county’s or state’s vital records department.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
If I am not certain about his state of residence during these previous marriages, would it be helpful to run a background check through a professional service (such as BeenVerified or Intelius)? Would this help in my search for proof of divorces from all of these previous marriages? I tried searching the Los Angeles County court records with no luck. If divorce filings are recorded for all of these previous marriages, at least I know what my next steps should be (formal separation agreement, followed by divorce filing after 1 year plus 1 day). However, if there is no evidence of a divorce from marriage #2 (back in 1985), would that render marriage #3, #4 and #5 (mine) all invalid because of bigamy? If so, what do I need to do at that point?
Thank you!
If you are a current NC resident and your husband was never divorced from Marriage #2, then all subsequent marriages, including yours, would be void marriages. You would then need to have your marriage to him annulled.
You may have better luck searching the vital records at each state’s vital records department.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.