Lied about separation date


#1

Regardless of whether you lied or not about your separation date (which IMO-was not a smart thing to do), he still owes child support. The truth coming out won’t change that.

Whether lying invalidates your previous divorce and negates your current marriage is a question I can’t answer.


#2

Yes, you are guilty of bigamy. You are not legally divorced from your first Husband. Regardless of what he threatens, you need to deal with this situation. Your situation if far too complicated for me to give you adequate information over the Internet.

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.


#3

I’m sorry that your ex is doing this to you to get out of his responsibility to his child/children. I suggest that you run the calculator to see what should be being paid. Regardless though, Helena is right and you need to deal with this.
Child support through the state can be renegotiated every 3 years or for a substantial change of income or lifestyle, so this child support could have been looked at again by now even without this other situation.

Helena -
Wouldn’t the ex be in trouble over this as well? I mean he had a copy of the divorce decree, which has the date of separation listed…would have been served with a complaint prior to the divorce being granted…
Also, since she’s still legally married to her first husband, they have obviously been separated longer than the required time, would they have to renegotiate everything?
I’ve read of similar situations on here. What’s the penalty for bigamy in NC?


#4

I am not sure what the specific penalty for bigamy is, however it is a felony offense.

Both of them could be liable for lying about the divorce date.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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.


#5

Me and my ex seperated in oct 2004. We lied and agreed to state that our separation date was in dec 2003 in order to speed up the divorce process and obtain a divorce quicker. I remarried in June 2006. Now he wants to pay less child support and has threatened to tell the courts that we lied about our separation in order to make our divorce invalid and make me guilty of bigamy. Is this possible? What are the repercussions of lying about our separation date? Would this mean we are still married? Thanks in advance for any legal advice you can give.